United States v. Shapleigh
Court of Appeals for the Eighth Circuit
In Error to tlie District Court of the United States, for the Eastern Division of the Eastern District of Missouri. Action by the United States against Frank Shapleigh to recover certain penalties prescribed by Rev. St. § 3490. The district court gave judgment on a verdict for defendant. Plaintiff brings error.
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In Error to tlie District Court of the United States, for the Eastern Division of the Eastern District of Missouri. Action by the United States against Frank Shapleigh to recover certain penalties prescribed by Rev. St. § 3490. The district court gave judgment on a verdict for defendant. Plaintiff brings error. Statement by SANBORN, Circuit Judge: Section 5438 of the Revised Statutes of the United States provides that: “Sec. 5438. Every person who makes or causes to be made, or who presents or causes to be presented, for payment or approval, to or by any person or officer in the civil,…
1Opinion of the Court
SANBORN, Circuit Judge,
(after stating tbe facts.) Where a statute authorizes the state to recover, in a civil suit, penalties prescribed for the commission of a felony, must the government prove its case beyond a reasonable doubt, in order to recover the penalties in such a suit? This is the most important question presented by this record. The burden of proof in judicial proceedings is on him who alleges the existence of a fact denied. Where the fact denied is the commission of a crime, the additional burden of overcoming *129the presumption of innocence, which the law always interposes as a…
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