Legal Opinion

United States v. Irwin

U.S. Circuit Court for the District of Ohio

Decided October 15, 1851PublishedCited by 10 opinions

[This was an indictment by the United States against James Irwin upon the charge of forgery.]

1Opinion of the Court

LEAVITT, District Judge.

This motion is urged on the ground that the instrument or paper alleged to have been forged, is not embraced, either expressly or by fair construction, in any act of congress, defining and punishing the crime of forgery. If this position is sustainable, it is quite clear this motion must prevail. This court has no common law jurisdiction of crimes, and therefore no power to adjudge any act criminal, *545not declared to be so, by statutory enactment.

This indictment contains four counts. The first charges the forgery of a military land warrant, averring it to be “a public…

2Cited by10 opinions

  1. United States v. FisherSupreme Court of the United States · 1883
  2. Buffham v. City of RacineWisconsin Supreme Court · 1870
  3. United States v. GibsonDistrict Court, N.D. Illinois · 1891
  4. Board of Education v. City of DetroitMichigan Supreme Court · 1875
  5. Adkison v. HardwickSupreme Court of Colorado · 1889

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