Legal Opinion

United States v. Mosley

Supreme Court of the United States

Decided June 21, 1915No. 180PublishedCited by 240 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF OKLAHOMA. The facts, which involve the construction and application of § 5508, Rev. Stat., and § 19 of the Penal Code, are stated in the opinion. Congress may, by appropriate legislation, protect any right or privilege arising from, created or secured by, or dependent upon, the Constitution of the United States.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF OKLAHOMA. The facts, which involve the construction and application of § 5508, Rev. Stat., and § 19 of the Penal Code, are stated in the opinion. Congress may, by appropriate legislation, protect any right or privilege arising from, created or secured by, or dependent upon, the Constitution of the United States. Ex parte Virginia, 100 U. S. 339, 345; Ex parte Yarbrough, 110 U. S. 651, 663; Hodges v. United'States, 203 U. S. 1, 24; Logan v. United States, 144 U. S. 263, 293; Strauder v. West Virginia, 100 U. S. 303,…

1Opinion of the CourtJustice Holmes

This is an indictment under § 19 of the Criminal Code, Act of March 4, 1909, c. 321, 35 Stat. 1088, 1092. It was demurred to and the demurrer was sustained by the District Court on the ground that the section did not apply to the acts alleged. As the judgment on the face of it turned upon the construction of the statute the United States brought the case to this court.

The indictment contains four counts. The first charges a conspiracy of the two defendants, who were officers and a majority of the county election board of Blaine County, Oklahoma, to injure and oppress certain legally qualified…

2Cases cited3 opinions

  1. Logan v. United StatesSupreme Court of the United States · 1892
  2. Ex Parte YarbroughSupreme Court of the United States · 1884
  3. United States v. REESESupreme Court of the United States · 1876

3Cited by240 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Reynolds v. SimsSupreme Court of the United States · 1964
  3. United States v. ClassicSupreme Court of the United States · 1941
  4. Chapman v. Houston Welfare Rights OrganizationSupreme Court of the United States · 1979
  5. Snowden v. HughesSupreme Court of the United States · 1944

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