United States v. Marks
U.S. Circuit Court for the District of Kentucky
Motions in arrest of judgment upon an indictment, and for a new trial. The defendants, Bernet Marks and Nathan Bersinger, were tried and convicted upon an indictment for receiving excessive fees for services as pension agents; and these motions were now made in their behalf.
1Opinion of the Court
BALLARD, District Judge.
The defendants having been found guilty by a jury, the case is now before me on a motion in arrest of judgment, and also on a motion for new trial. At common law these two motions could not be made at the same time; but it has been long the practice in this state to make and hear them together; and, as there has been no objection interposed here to this course being taken, I shall proceed to consider the motions as if they were entirely regular.
Two grounds are relied on in support of the motion in arrest of judgment: First. That the indictment is defective in not…
2Cases cited1 opinion
- House v. LowNew York Supreme Court · 1807
3Cited by1 opinion
- United States v. HallSupreme Court of the United States · 1879