United States v. Richardson
United States Circuit Court
At February term, 1886, of the district court, the defendant was indicted for making a fraudulent claim for a pension, and pleaded six pleas in abatement, each verified by the defendant’s oath; and alleging that Orin K. Phinney and John H. Davis, of Standish, in this district, who served at that term as two of the grand jurors who found and returned this indictment, were not duly and legally drawn to serve as grand jurors.
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At February term, 1886, of the district court, the defendant was indicted for making a fraudulent claim for a pension, and pleaded six pleas in abatement, each verified by the defendant’s oath; and alleging that Orin K. Phinney and John H. Davis, of Standish, in this district, who served at that term as two of the grand jurors who found and returned this indictment, were not duly and legally drawn to serve as grand jurors. The first plea also alleged that said Phin-ney and Davis were drawn and summoned pursuant and in obedience to a supposed writ of venire facias, issued from that court by…
1Opinion of the Court
Gray, Justice.
The defendant, having been indicted in the district court, pleaded six pleas in abatement, all relating to the method of drawüng and summoning two of the grand jurors who found and returned the indictment. The questions thus presented so deeply affect the administration of criminal justice in this circuit that the ease was remitted to this court, and hoard before two judges; and at their suggestion, and with the consent of counsel, the district judge was present at the argument, and he concurs in this opinion.
There can be no doubt that by virtue of the order of the district…
2Cases cited26 opinions
- Stuart v. LairdSupreme Court of the United States · 1803
- United States v. GaleSupreme Court of the United States · 1883
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- United States v. ReedU.S. Circuit Court for the District of Northern New York · 1852
- Silsby v. FooteSupreme Court of the United States · 1853
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3Cited by10 opinions
- Gardes v. United StatesCourt of Appeals for the Fifth Circuit · 1898
- United States v. DavisU.S. Circuit Court for the District of Western Tennessee · 1900
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- United States v. Lehigh Valley R. Co.District Court, M.D. Pennsylvania · 1930
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