Terry v. United States
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Eastern District of Virginia. This case is here upon a writ of error to the District Court of the United States for the Eastern District of Virginia. The plaintiff in error was tried upon an indictment containing six counts. The first count is under section 3258 of the Revised Statutes [U. S. Comp.
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In Error to the District Court of the United States for the Eastern District of Virginia. This case is here upon a writ of error to the District Court of the United States for the Eastern District of Virginia. The plaintiff in error was tried upon an indictment containing six counts. The first count is under section 3258 of the Revised Statutes [U. S. Comp. St. 1901, p. 2112], and charges the plaintiff in error with setting up and having in his possession and control a still and distilling apparatus without having registered the same. The second' count is under section 3281 [page 2127],…
1Opinion of the CourtBoyd, District Judge
(after stating the facts). It is not necessary to discuss the question raised by the first exception — the refusal of the court to require the district attorney to elect — as we think that was a matter within the discretion of the district judge. The general rule is that an election will not be compelled when the several counts of the indictment have been inserted in good faith for the purpose of meeting the evidence as it may transpire, the offenses charged, though technically different, being of the same general nature, substantially for the same offense, arising out of the same…
2Cases cited3 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- United States v. CookSupreme Court of the United States · 1872
- United States v. MillsSupreme Court of the United States · 1833
3Cited by6 opinions
- Billy Maurice Ogden v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- United States v. CullenDistrict Court, E.D. Wisconsin · 1969
- United States v. PattersonDistrict Court, S.D. Ohio · 1912
- Bullard v. United StatesCourt of Appeals for the Fourth Circuit · 1917
- United States v. General Electric Co.District Court, S.D. New York · 1941
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