United States v. Smith
Supreme Court of the United States
CERTIFICATE OF DIVISION OF OPINION FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The court stated the case as follows: This case comes from the Circuit Court for the Southern .District of New York, on a certificate of division of opinion between its judges.
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CERTIFICATE OF DIVISION OF OPINION FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The court stated the case as follows: This case comes from the Circuit Court for the Southern .District of New York, on a certificate of division of opinion between its judges. The defendant was a clerk in the office of the collector of customs for the collection district of the city of New York, and in 1886 was indicted for the unlawful conversion to his own use of public money, an offence designated in the Revised Statutes as embezzlement of' such money. The indictment…
1Opinion of the CourtJustice Field
The indictment in this case is in form sufficiently full and specific in its averments to embrace the offence prescribed by the statute, and yet the defendant charged is not within its provisions. He is designated as a clerk in the office of the collector of customs, and is thus shown not to be charged by an act of Congress with the safe-keeping of the public moneys, contrary to the averments of the indictment. The courts of the United States are presumed to know the general statutes of Congress, and any averment in an indictment inconsistent with a provision of a statute of that character,…
2Cases cited2 opinions
- United States v. HartwellSupreme Court of the United States · 1868
- United States v. GermaineSupreme Court of the United States · 1879
3Cited by60 opinions
- Crawford v. United StatesSupreme Court of the United States · 1909
- Steele v. United States No. 2Supreme Court of the United States · 1925
- Burnap v. United StatesSupreme Court of the United States · 1920
- Lacey v. StateAlabama Court of Appeals · 1915
- Baker v. United StatesUnited States Court of Claims · 1980
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