McKinney v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Oklahoma. Criminal prosecution by the United States against Richard P. McKinney. Judgment of conviction, and defendant brings error.
1DissentSanborn, Circuit Judge
In my opinion the judgment below ought to be reversed because it was fatal error for the trial court to refuse to receive the evidence offered by McKinney that there was no legal evidence, that there was nothing but hearsay before the grand jury in support of the charge in the indictment they found, and because, as it seems to me, there was no substantial evidence before the petit jury of his guilt, no evidence inconsistent with his innocence.
I am unable to bring my mind to assent to the view of the majority that the defendant did not offer to prove that there was no legal evidence before the…
2Cases cited38 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Hale v. HenkelSupreme Court of the United States · 1906
- Chadwick v. United StatesCourt of Appeals for the Sixth Circuit · 1905
- United States v. EdgertonDistrict Court, D. Montana · 1897
- United States v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1815
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