United States v. Evans
District of Columbia Court of Appeals
HeabiNg on an appeal by the United States from a judgment of the Supreme Court of the District of Columbia, sustaining a demurrer to an indictment for murder. The Coubt in the opinion stated the facts as follows: This is an appeal by the United States from a judgment sustaining a demurrer to an indictment for murder.
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HeabiNg on an appeal by the United States from a judgment of the Supreme Court of the District of Columbia, sustaining a demurrer to an indictment for murder. The Coubt in the opinion stated the facts as follows: This is an appeal by the United States from a judgment sustaining a demurrer to an indictment for murder. By way of inducement to the presentment, the indictment charged the defendants, Charles K. Evans and Harry J. O’Donnell, with robbing one Maurice J. Halloran of certain articles of property, and attempting to rob him of others, on February 1, 1901; and then proceeded to charge…
1Opinion of the CourtChief Justice Shepakd
The ground upon which the demurrer was sustained is that robbery is not an “offense punishable by imprisonment in the penitentiary,” within the meaning of section 198 above quoted.
We are of the opinion that this construction is erroneous.
The words, “punishable by imprisonment in the penitentiary,” do not mean an offense that can only be punished by such imprisonment, but include such as may be so punished.
Bobbery remains an infamous crime at common law, notwithstanding it may be punished, within the discretion of the trial court, by imprisonment in the jail, as in the case of a simple…
2Cases cited10 opinions
- Ex Parte WilsonSupreme Court of the United States · 1885
- United States v. PridgeonSupreme Court of the United States · 1894
- MacKin v. United StatesSupreme Court of the United States · 1886
- In Re MillsSupreme Court of the United States · 1890
- Commonwealth v. ChanceMassachusetts Supreme Judicial Court · 1899
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3Cited by7 opinions
- Comber v. United StatesDistrict of Columbia Court of Appeals · 1990
- United States v. BurroughsSupreme Court of the United States · 1933
- Lee v. United StatesCourt of Appeals for the D.C. Circuit · 1940
- Marcus v. United StatesCourt of Appeals for the D.C. Circuit · 1936
- Courtney v. CourtneyDistrict of Columbia Court of Appeals · 1965
2 more not listed; retrieve them via the Exa API.