United States v. Dennee
U.S. Circuit Court for the District of Louisiana
Heard on demurrer to the indictment. The indictment was found on the 6th day of June, 1876, and was predicated on section 30 of the act approved March 2, 1876, entitled “An act to amend existing laws relating to internal revenue, and for other purposes.” 14 Stat. 484. The section declares, “that if two or more persons conspire, either to commit any offense against the laws of the United States, or to defraud the United States in any manner whatever, and one or more of said…
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Heard on demurrer to the indictment. The indictment was found on the 6th day of June, 1876, and was predicated on section 30 of the act approved March 2, 1876, entitled “An act to amend existing laws relating to internal revenue, and for other purposes.” 14 Stat. 484. The section declares, “that if two or more persons conspire, either to commit any offense against the laws of the United States, or to defraud the United States in any manner whatever, and one or more of said parties to said conspiracy shall do any act to effect the object thereof, the parties to said conspiracy shall be deemed…
1Opinion of the Court
WOODS, Circuit Judge.
It is objected to the indictment, that it does not set out and aver the manner in which and the means whereby the object of the conspiracy charged was to be carried into effect, and that the averments setting out the overt acts, done in furtherance of the conspiracy, do not supply this defect. There is much conflict in the adjudged eases, on the point whether, in an indictment for conspiracy to cheat and defraud, it is necessary to aver the means agreed on to carry the conspiracy into effect. The affirmative of the proposition has been held in Massachusetts. Com. v. Hunt,…
2Cases cited3 opinions
- People v. RichardsMichigan Supreme Court · 1849
- State v. RobertsSupreme Judicial Court of Maine · 1851
- Jackson ex dem. Coates v. GaugerNew York Supreme Court · 1827
3Cited by4 opinions
- Stearns v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Riddle v. United StatesCourt of Appeals for the Fifth Circuit · 1922
- Gantt v. United StatesCourt of Appeals for the Fifth Circuit · 1901
- Geist v. United StatesCourt of Appeals for the D.C. Circuit · 1906