United States v. Hammond
U.S. Circuit Court for the District of Louisiana
This was an indictment for conspiracy to defraud the United States, based on section 5440, Rev. St. The defendants [Samuel W. Hammond and others] pleaded specially to the indictment returned against them, that two of the grand jurors (naming them) by whom the indictment was found were disqualified to act as such, because without duress or coercion they had taken up arms and joined the insurrection and rebellion against the United States, and adhered to the said insurrection…
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This was an indictment for conspiracy to defraud the United States, based on section 5440, Rev. St. The defendants [Samuel W. Hammond and others] pleaded specially to the indictment returned against them, that two of the grand jurors (naming them) by whom the indictment was found were disqualified to act as such, because without duress or coercion they had taken up arms and joined the insurrection and rebellion against the United States, and adhered to the said insurrection and rebellion, giving it aid and comfort prior to the present term of this court. To this plea the United States…
1Opinion of the Court
WOODS, Circuit Judge.
The plea is based •on section S20 of the Revised Statutes. This declares: “The following shall be cause of disqualification and challenge of grand and petit jurors in the courts of the United States, in addition to the causes existing by virtue of section 812, namely: without duress and coercion to have taken up arms, or to have joined any insurrection against the United States; to have adhered to any insurrection, giving it aid and comfort,” etc. This is an absolute disqualification imposed by statute. That such a disqualification of a single grand juror vitiates the…
2Cases cited10 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- People v. JewettNew York Supreme Court · 1829
- Hardin v. StateIndiana Supreme Court · 1864
- Kitrol v. StateSupreme Court of Florida · 1860
- State v. SymondsSupreme Judicial Court of Maine · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Agnew v. United StatesSupreme Court of the United States · 1897
- State v. TaylorWest Virginia Supreme Court · 1905
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1888
- Richards v. StateNebraska Supreme Court · 1887
- United States v. GreeneDistrict Court, S.D. Georgia · 1902
4 more not listed; retrieve them via the Exa API.