Legal Opinion

United States v. Traveller

District Court, D. Alaska

Decided March 5, 1923No. 866-CPublished

1Opinion of the Court

RITCHIE, District Judge.

The defendants Traveller and Creighton have filed separate demurrers to the seven counts of’ the indictment in case No. 866 criminal.

On the principal question of felonies and misdemeanors, which it is contended by the defendants cannot be joined in one count, the court is going to follow the rule laid down in the case of Dillard v. United States (C. C. A.) 141 F. 303, and also Phillips v. United States (C. C. A.) 264 E. 657. Those cases hold that the common-law rule has been modified. In the case of Dillard v. United States, supra, as to the ruling of the court upon…

2Cases cited4 opinions

  1. Dillard v. United StatesCourt of Appeals for the Ninth Circuit · 1905
  2. State v. LeonardOregon Supreme Court · 1914
  3. Millich v. United StatesCourt of Appeals for the Ninth Circuit · 1922
  4. Commonwealth v. ManningMassachusetts Supreme Judicial Court · 1895

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