Dealy v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NORTH DAKOTA. On December 16, 1892, an indictment was returned by the grand jury in the District Court of the United States for the District of North Dakota, charging this plaintiff in error, together with others, with the crime of conspiracy to defraud the United States as denounced in section 5440, Eevised Statutes, which reads: “If two or more persons conspire either to commit any offence against the…
Read the full summary
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NORTH DAKOTA. On December 16, 1892, an indictment was returned by the grand jury in the District Court of the United States for the District of North Dakota, charging this plaintiff in error, together with others, with the crime of conspiracy to defraud the United States as denounced in section 5440, Eevised Statutes, which reads: “If two or more persons conspire either to commit any offence against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act…
1Opinion of the CourtJustice Brewer
The first proposition of counsel for defendant is that the acquittal on certain of the counts works an acquittal as to all. There was in terms no verdict of not guilty as to any count. A nolle was entered as to several, but a nolle works no acquittal, and leaves the prosecution just as though no such count had ever been inserted in the indictment. Of those remaining, one, the sixteenth count, was not referred to in the verdict. It may have been simply overlooked by the jury. Be that as it may, the discharge of the jury under the circumstances was doubtless equivalent to a verdict of not…
2Cases cited3 opinions
- United States v. BrittonSupreme Court of the United States · 1883
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- In Re PalliserSupreme Court of the United States · 1890
3Cited by181 opinions
- Glasser v. United StatesSupreme Court of the United States · 1942
- Hyde v. United StatesSupreme Court of the United States · 1912
- Braverman v. United StatesSupreme Court of the United States · 1942
- United States v. MillerSupreme Court of the United States · 1985
- Crawford v. United StatesSupreme Court of the United States · 1909
176 more not listed; retrieve them via the Exa API.