United States v. Porter
U.S. Circuit Court for the District of District of Columbia
The defendant [James A. Porter] was an attorney of this court. The indictment contained five counts. 1st. For barraty; 2d, 3d and 4th, for being a common cheat and swindler, and fraudulently getting into his possession the property of his client, Jenkins; and 5th, for conspiracy with one Me-Cutchen, to defraud McCutehen's creditors, by means of his discharge under the .insolvent law. moved the court to.quash the indictment, on the ground that it contained various counts…
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The defendant [James A. Porter] was an attorney of this court. The indictment contained five counts. 1st. For barraty; 2d, 3d and 4th, for being a common cheat and swindler, and fraudulently getting into his possession the property of his client, Jenkins; and 5th, for conspiracy with one Me-Cutchen, to defraud McCutehen's creditors, by means of his discharge under the .insolvent law. moved the court to.quash the indictment, on the ground that it contained various counts requiring different judgments. Young v. Hex, 3 Term R. 98, 101, 106. Although this is not a good ground for arresting the…
1Opinion of the Court
THE COURT (FITZHUGH Circuit Judge, absent)
quashed the 3d and 4th counts, but refused to quash the 2d, as they deemed it important to ascertain the truth of the charges against the traverser, who was an attorney of the court.
Upon the trial, Mr Jones, for the United States, offered to examine Jenkins as a witness.
Mr. Key. for the traverser, objected that he was the person supposed to be cheated, and had suits now pending against the traverser for the same property of which he is supposed by the indictment to have been cheated , by the traverser. No witness can be permitted to invalidate an…
2Cited by5 opinions
- Pellum v. StateSupreme Court of Alabama · 1889
- Wisdom v. StateCourt of Criminal Appeals of Texas · 1901
- In re WallUnited States Circuit Court for the Northern District of Florida · 1882
- United States v. AndersonU.S. Circuit Court for the District of District of Columbia · 1834
- United States v. WatkinsU.S. Circuit Court for the District of District of Columbia · 1829