United States v. Jackson
United States Circuit Court
The indictment was framed under the following section of the Revised Statutes of the United States: “Sec. 5515. Every officer of an election at which any representative or delegate in congress is voted for, whether such officer of election be appointed or created by or under any law or authority of the United States, or by or under any state, territorial, district, or municipal law or authority, who neglects or refuses to perform any duty in regard to such election required…
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The indictment was framed under the following section of the Revised Statutes of the United States: “Sec. 5515. Every officer of an election at which any representative or delegate in congress is voted for, whether such officer of election be appointed or created by or under any law or authority of the United States, or by or under any state, territorial, district, or municipal law or authority, who neglects or refuses to perform any duty in regard to such election required of him by any law of the United States, or of any state or territory thereof; or who violates any duty so imposed; or…
1Opinion of the CourtHammond, J.
The demurrer challenges the indictment in this case because, (1) while the state statute may impose a duty on the defendant as averred in the indictment, no state law attaches any penalty for the violation of the statute, and therefore it is not sud'h a duty under the law as congress contemplated by the enactment of section 5515 of the Revised Statutes. (2) The specific statutory “intent to affect the election, or the result thereof,” is not charged by the indictment. Rev. St. § 5535.
It requires only a very cursory reading of the statute to show that the first ground of demurrer is not at all…
2Cases cited3 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- United States v. FoxSupreme Court of the United States · 1878
- United States v. NicholsonU.S. Circuit Court for the District of Louisiana · 1878
3Cited by5 opinions
- United States v. BehrmanSupreme Court of the United States · 1922
- United States v. DowlingDistrict Court, S.D. Florida · 1922
- United States v. ReeseDistrict Court, W.D. Tennessee · 1939
- Morissette v. United StatesCourt of Appeals for the Sixth Circuit · 1951
- Morissette v. United StatesCourt of Appeals for the Sixth Circuit · 1951