Legal Opinion

United States v. Taylor

District Court, D. Kansas

Decided March 15, 1882PublishedCited by 28 opinions

An Information was filed in the district court for the district of Kansas, charging the defendant with the offence of carrying on the business of a retail dealer in liquors without having paid tho special taxes required by law. A trial was had, in the course of which the court directed the jury to return a verdict of guilty. Exceptions were taken by defendant, who thereupon moved for a new trial, which motion was overruled.

Read the full summary

An Information was filed in the district court for the district of Kansas, charging the defendant with the offence of carrying on the business of a retail dealer in liquors without having paid tho special taxes required by law. A trial was had, in the course of which the court directed the jury to return a verdict of guilty. Exceptions were taken by defendant, who thereupon moved for a new trial, which motion was overruled. The direction to the jury and overruling the motion are assigned as error.

1Opinion of the CourtMcCrary, C. J.

The single question to be determined is whether, in such a case as this, a court may direct a verdict of guilty. It is insisted on the part of the government that, the facts being admitted or settled beyond dispute, the question of guilt or innocence depends wholly upon a question of law, which the court must determine, and that, therefore, the court may direct a verdict either way, in accordance with its opinion of the law. This is the view which was taken by the court below. In so holding, the learned district judge was, no doubt, largely influenced by the ruling of Mr. Justice Hunt in the…

2Cases cited28 opinions

  1. United States v. PerezSupreme Court of the United States · 1824
  2. The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
  3. People v. GoodwinNew York Supreme Court · 1820
  4. United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
  5. United States v. CoolidgeSupreme Court of the United States · 1816

23 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Singer v. United StatesSupreme Court of the United States · 1965
  2. United States v. SpockCourt of Appeals for the First Circuit · 1969
  3. Arthur Eugene Byrd v. United StatesCourt of Appeals for the D.C. Circuit · 1965
  4. United States v. GollinCourt of Appeals for the Third Circuit · 1948
  5. Dillon v. United StatesCourt of Appeals for the Second Circuit · 1921

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API