De Lemos v. United States
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Middle District of Alabama. The indictment in this case reads as follows: “United States of America. “In the Circuit Court of the United States for the Middle District of Alabama.
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In Error to the Circuit Court of the United States for the Middle District of Alabama. The indictment in this case reads as follows: “United States of America. “In the Circuit Court of the United States for the Middle District of Alabama. November Term, A. D. 1896. “The grand jurors of the United States, elected, impaneled, sworn, and charged to inquire for the body of said Middle district of Alabama, upon their oaths do find and present: “That on the 28th day- of May, A. D. 1895, in said Middle district of Alabama, before the finding of this indictment, and within the jurisdiction of said…
1Opinion of the CourtParlange, District Judge
We deem it sufficient for the decision of this cause to consider only the first two specifications of error, which read as follows:
“First. The circuit court erred in overruling the demurrer of the defendant. Second. The court erred in holding that the indictment described any offense against the United States, punishable under the laws thereof.”
The acts which the proseefitor intended to aver in this cause are that the plaintiff in error, having obtained possession of a genuine government draft, forged an indorsement thereon, and that he subsequently uttered the draft with the forged…
2Cited by9 opinions
- Prussian v. United StatesSupreme Court of the United States · 1931
- Gesell v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- Dell'Aira v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- Alvarado v. United StatesCourt of Appeals for the Ninth Circuit · 1925
- United States v. Wilson W. BrownCourt of Appeals for the Second Circuit · 1957
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