United States v. Conklin
U.S. Circuit Court for the District of Southern Ohio
The defendant [Jerome B. Conklin] was indicted under the seventh and eighth sections of the act of congress, approved July 8, 1870, for retaining a greater compensation for his services as claim agent than was allowed by law. He had obtained a father’s pension for an old man named Porter, amounting with the back pay to some six hundred and sixty dollars; from this amount he retained $330. or one half.
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The defendant [Jerome B. Conklin] was indicted under the seventh and eighth sections of the act of congress, approved July 8, 1870, for retaining a greater compensation for his services as claim agent than was allowed by law. He had obtained a father’s pension for an old man named Porter, amounting with the back pay to some six hundred and sixty dollars; from this amount he retained $330. or one half. The indictment was found in October, 1872. On the 26th of October the defendant was arraigned, and entered a plea of not • guilty. By permission of the court the plea of “not guilty” was…
1Opinion of the Court
SWING, District Judge,
held: The record in this case shows that the defendant had been arraigned; and had entered a plea of not guilty. Subsequently the plea was withdrawn by leave of the court, and he filed a motion to quash the indictment, which was heard and overruled. The record shows that on the 19th of December, ,1872. the plea of not guilty was re-entered, a jury sworn to try the issue, and the cause submitted to the jury, who found the defendant guilty.
He now files a motion to amend the record by striking out the entry of the plea of not guilty, as he never entered it himself; and,…
2Cases cited4 opinions
- Douglass v. StateWisconsin Supreme Court · 1854
- Fernandez v. StateSupreme Court of Alabama · 1845
- People v. FrostNew York Court of General Session of the Peace · 1838
- McCready v. LindenbornNew York Supreme Court · 1898