Yaffee v. United States
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western Division of the Southern District of Ohio; John W. Peck, Judge. Criminal prosecution by the United States against George Yaffee. Judgment of conviction, and defendant brings error.
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In Error to the District Court of the United States for the Western Division of the Southern District of Ohio; John W. Peck, Judge. Criminal prosecution by the United States against George Yaffee. Judgment of conviction, and defendant brings error. On the 2d day of October, 1920, the United States attorney for the Southern district of Ohio, having first obtained leave for that purpose from the United States District Court for the Southern District of Ohio, Western Division, filed in that court an information, the first count of which charged George Yaffee with unlawfully selling and…
1Opinion of the CourtDonahue, Circuit Judge
(after stating the facts as above), [1] The first motion to dismiss was properly overruled by the District Court for the reason that the offense charged in the information is not a capital or infamous crime, hut is merely a misdemeanor for which, under the provisions of Amendment S of the federal Constitution, the accused may be prosecuted other than upon presentment or indictment by a grand jury. Ex parte Wilson, 114 U. S. 417, 5 Sup. Ct. 935, 29 L. Ed. 89; U. S. v. Lindsay-Wells Co. (D. C.) 186 Fed. 248; U. S. v. Quaritius (D. C.) 267 Fed. 227; U. S. v. Achen (D. C.) 267 Fed. 595; U. S. v.…
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