Legal Opinion

United States v. Kissel

Supreme Court of the United States

Decided December 12, 1910No. 390PublishedCited by 370 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts are stated in the opinion. Conspiracy is a non-contiñuous crime, and an indictment which charges its commission on a date barred by the statute of limitations charges an outlawed offense and is not saved by an allegation of continuance within the limitation. United States v..

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts are stated in the opinion. Conspiracy is a non-contiñuous crime, and an indictment which charges its commission on a date barred by the statute of limitations charges an outlawed offense and is not saved by an allegation of continuance within the limitation. United States v.. Irvine', 98 U. S. 450. Where an indictment charges a crime which is not essentially continuous with a continuando, the continuando may be disregarded and the indictment treated as charging no more than the commission of the…

1Opinion of the CourtJustice Holmes

This is a writ of error brought by the United States to reverse-a judgment of the'Circuit Court sustaining pleas in bar pleaded to an indictment by the defendants in error. 173 Fed. Rep. 823. The first count of the indictment alleges that the defendants in error and others named, on December 30,1903, and from that day until the day of presenting the indictment (July 1, -1909), have engaged in ah unlawful conspiracy in restraint of trade in refined sugar among the several States of the Union, that is to say, to eliminate free competition and.prevent all competition with the American Sugar…

2Cases cited3 opinions

  1. United States v. KeitelSupreme Court of the United States · 1908
  2. United States v. IrvineSupreme Court of the United States · 1879
  3. State v. ArnoldSupreme Court of Iowa · 1896

3Cited by370 opinions

  1. Pinkerton v. United StatesSupreme Court of the United States · 1946
  2. United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
  3. Krulewitch v. United StatesSupreme Court of the United States · 1949
  4. Hyde v. United StatesSupreme Court of the United States · 1912
  5. Braverman v. United StatesSupreme Court of the United States · 1942

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