United States v. Hill
U.S. Circuit Court for the District of Virginia
On the 13th day of December, 1808, the grand jury presented John K. Hill and others, in this court, for a violation of the embargo laws of the United States, alleged to have been committed in March, 1808, by carrying the schooner Penelope into the port of St. Bartholomews, beyond the limits of the United States, although cleared from the port of Tappahannock, in Virginia, for the port of Savannah, in Georgia.
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On the 13th day of December, 1808, the grand jury presented John K. Hill and others, in this court, for a violation of the embargo laws of the United States, alleged to have been committed in March, 1808, by carrying the schooner Penelope into the port of St. Bartholomews, beyond the limits of the United States, although cleared from the port of Tappahannock, in Virginia, for the port of Savannah, in Georgia. On the following day, the attorney for the United States sent to the grand jury a bill of indictment. founded upon the said presentment. which they found “A true bill.” At the June term.…
1Opinion of the Court
MARSHALL, Circuit Justice.
I shall not quash the presentment for two reasons. 1st. I am not certain, that the presentment has at this time any legal existence. I am much inclined to the opinion, that the two presentments of the same offence, which were made by the grand jury, the first on their own motion, which was informal, and the second, at the instance of the attorney for the United States, which is precisely the first presentment, corrected in point of form, are to be considered as one and the same act. and that the second is only to be considered as an amendment of the first. If this be…
2Cited by23 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- Ex Parte WilsonSupreme Court of the United States · 1885
- United States v. SmythDistrict Court, N.D. California · 1952
- State Ex Rel. Ogden v. HuntSupreme Court of Oklahoma · 1955
- Scribner v. StateCourt of Criminal Appeals of Oklahoma · 1913
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