United States v. Terry
District Court, N.D. California
Indictments against D. S. Terry for an assault with a deadly weapon; attempting to obstruct justice; obstructing United States marshal; and displaying deadly weapon in a threatening manner. Also against Sarah A. Terry for attempting to obstruct justice and obstructing United States marshal. On demurrer to plea in abatement.
1Opinion of the CourtHoffman, J.
The first four articles of the plea were abandoned at the hearing. It is urged in support of the remaining articles that the matters therein set up show, if true, that the indictment was not legally found by the grand jury, and that the suit must therefore abate. It is further urged that the demurrer admits, for the purpose of this argument, the truth of the matters so alleged.
The district attorney contends— First, that the plea alleges matters contrary to the record, and, therefore, that the truth of those matters cannot be inquired into; and, second, that the inquiry can from its own nature…
2Cases cited13 opinions
- State v. FassetSupreme Court of Connecticut · 1844
- State v. HamlinSupreme Court of Connecticut · 1879
- United States v. ReedU.S. Circuit Court for the District of Northern New York · 1852
- State v. FowlerSupreme Court of Iowa · 1879
- People v. HulbutNew York Supreme Court · 1847
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3Cited by23 opinions
- United States v. SmythDistrict Court, N.D. California · 1952
- United States v. RosenthalU.S. Circuit Court for the District of Southern New York · 1903
- United States v. WellsDistrict Court, D. Idaho · 1908
- United States v. MorseDistrict Court, S.D. New York · 1922
- McKinney v. United StatesCourt of Appeals for the Eighth Circuit · 1912
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