Rumble v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern District of California. The plaintiff in error (defendant in the court below) was indicted under section 5480 of the Revised Statutes, as amended March 2, 1889 (25 Stat 873, c. 393, § 1 [U. S. Comp.
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In Error to the District Court of the United States for the Northern District of California. The plaintiff in error (defendant in the court below) was indicted under section 5480 of the Revised Statutes, as amended March 2, 1889 (25 Stat 873, c. 393, § 1 [U. S. Comp. St 1901, p. 3696]). This section, as far as applicable to this case, reads as follows: .“If any person having devised or intending to devise any scheme or artifice to defraud * * * to be effected by either opening or intending to open correspondence or communication with any person, whether resident within or outside the United…
1Opinion of the CourtHawley, District Judge
1. The court did not err in denying the motion to quash the indictment; the United States Attorney having elected to proceed upon the third count and entered a nolle prosequi as to the other counts. The clause in the statute which permits the indictment to charge three offenses “when committed within the same six calendar months” only applies to the procedure in which the attorney shall prepare the indictment. It does not relate to the creation of the offense. The offense is created and perfectly described before this clause is inserted. It is evident that the plaintiff in error was not…
2Cases cited8 opinions
- Durland v. United StatesSupreme Court of the United States · 1896
- Stokes v. United StatesSupreme Court of the United States · 1895
- Balliet v. United StatesCourt of Appeals for the Eighth Circuit · 1904
- Kellogg v. United StatesCourt of Appeals for the Second Circuit · 1903
- Packer v. United StatesCourt of Appeals for the Second Circuit · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Robinson v. United StatesCourt of Appeals for the Ninth Circuit · 1929
- Gridley v. United StatesCourt of Appeals for the Sixth Circuit · 1930
- Linn v. United StatesCourt of Appeals for the Seventh Circuit · 1916
- Boerner v. United StatesCourt of Appeals for the Second Circuit · 1941
- American Stove Co. v. Cleveland Foundry Co.Court of Appeals for the Sixth Circuit · 1908
8 more not listed; retrieve them via the Exa API.