United States v. Evans
United States Circuit Court
The case was submitted to the court upon the following agreed statement of facts: On June 19, 1876, B. L. D. Evans, the defendant, was twice indicted for passing counterfeit money, Nos. 1,313, 1,314. On May 30 and 31, 1878, he was tried by jury in one case on a plea of not guilty, resulting in a mistrial.
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The case was submitted to the court upon the following agreed statement of facts: On June 19, 1876, B. L. D. Evans, the defendant, was twice indicted for passing counterfeit money, Nos. 1,313, 1,314. On May 30 and 31, 1878, he was tried by jury in one case on a plea of not guilty, resulting in a mistrial. On May 31, 1878, after the jury were discharged and while the defendant was under bond for that (the May, 1878) term, and when no capais was outstanding for his arrest, nor any order for one entered, and when he was in court under said bond, the said defendant, with his counsel, in open…
1Opinion of the Court
Hammond, D. J.
This is a scire facias upon a forfeited recognizance submitted upon the foregoing agreed statement of facts and the record of the proceedings in the ease. It is first insisted by the defendants that the indictment is bad in not charging the offence to have been committed on a particular date. The caption is “May Term, A. D. 1876,”' and the offence is alleged to have been committed “on the — day of -, A. D., 1876.” It is urged that for this defect, upon conviction, the judgment would be arrested. Whart. Gr. Law, § 264. It is denied for the plaintiff that this case falls within…
2Cases cited7 opinions
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
- People v. KaneNew York Supreme Court · 1847
- United States v. HortonU.S. Circuit Court for the District of Eastern Missouri · 1873
- United States v. ReeseU.S. Circuit Court for the District of California · 1866
- State v. SmithSupreme Judicial Court of Maine · 1822
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Johnston v. MarshCourt of Appeals for the Third Circuit · 1955
- Mapp v. RenoCourt of Appeals for the Second Circuit · 2001
- Mapp v. RenoCourt of Appeals for the Second Circuit · 2001
- Arnold R. Jago, Superintendent v. United States District Court, Northern District of Ohio, Eastern Division at Cleveland, and Harllel B. JonesCourt of Appeals for the Sixth Circuit · 1978
- Robert W. Baker v. Thomas R. Sard and Donald J. Sheehy. Robert W. Baker v. Thomas R. Sard, Chairman, Board of ParoleCourt of Appeals for the D.C. Circuit · 1969
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