Summers v. United States
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the validity of an indictment charging more than one offense, found in Alaska, are stated in the opinion. Petitioner has not been deprived of any constitutional or statutory right to trial by jury. Diaz v. United States, 223 U. S. 442, 454. The right to trial by jury is the right as it existed at common law.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the validity of an indictment charging more than one offense, found in Alaska, are stated in the opinion. Petitioner has not been deprived of any constitutional or statutory right to trial by jury. Diaz v. United States, 223 U. S. 442, 454. The right to trial by jury is the right as it existed at common law. Thompson v. Utah, 170 U. S. 343, 349; Callan v. Wilson, 127 U. S. 540, 549; Schick v. United States, 195 U. S. 65, 69; West v. Gammon, 98 Fed. Rep. 426; United States v. Lair, 195 Fed. Rep. 47, 52;…
1Opinion of the CourtJustice McKenna
Petitioner was indicted under § 5209 of the Revised Statutes, relating to national banks, and was charged with fifty-six separate violations of the section. He demurred to the indictment on the ground, among others, that it violated § 43 of the Criminal Code of Alaska, known as Carter’s Code, in that more than one crime was charged. Act of March 3, 1889, Title II, c. 429, 30 Stat. 1253, 1290.
The demurrer was overruled, to which ruling petitioner excepted. He then gave written notice “of election to stand upon the said demurrer and not further plead and to take advantage of the provisions of…
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