Legal Opinion

Dunn v. United States

Court of Appeals for the Fifth Circuit

Decided January 8, 1917No. 2877PublishedCited by 9 opinions

In Error to the District Court of the United States for the Southern District of Texas; Waller T. Burns, Judge. Tom Dunn and others were convicted of crime, and they bring error. This is a writ of error from a judgment of conviction on two indictments which, by order of the court, were consolidated. The indictments were filed on September 2, 1915, and September 6, 1915, respectively.

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In Error to the District Court of the United States for the Southern District of Texas; Waller T. Burns, Judge. Tom Dunn and others were convicted of crime, and they bring error. This is a writ of error from a judgment of conviction on two indictments which, by order of the court, were consolidated. The indictments were filed on September 2, 1915, and September 6, 1915, respectively. To each of them, as stated in a bill of exceptions, before any other plea presented or entered, and before any announcement, and before the cause was called for trial, the defendants, during the term at which the…

1Opinion of the Court

'WADKER, Circuit Judge

(after stating the facts as above). [1] With reference to the selection and, drawing of grand and petit jurors the statute provides as follows:

“All such jurors, grand and petit, including those summoned during the session of the court, shall be publicly drawn from a box containing, at the time of each drawing, the names of not less than three hundred persons, possessing the qualifications prescribed in the section last preceding, which names shall have been placed therein by the clerk of such court and a commissioner, to be appointed by the judge thereof, or by the judge…

2Cases cited11 opinions

  1. The Confiscation CasesSupreme Court of the United States · 1874
  2. United States v. GaleSupreme Court of the United States · 1883
  3. Crowley v. United StatesSupreme Court of the United States · 1904
  4. Rodriguez v. United StatesSupreme Court of the United States · 1905
  5. Clare v. StateCourt of Appeals of Maryland · 1869

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3Cited by9 opinions

  1. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  2. Collazo v. United StatesCourt of Appeals for the D.C. Circuit · 1952
  3. State v. SturdivantSupreme Court of New Jersey · 1959
  4. Hauptman v. United StatesCourt of Appeals for the Ninth Circuit · 1930
  5. Brookman v. United StatesCourt of Appeals for the Eighth Circuit · 1925

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