Legal Opinion

Gantt v. United States

Court of Appeals for the Fifth Circuit

Decided April 2, 1901No. 918PublishedCited by 10 opinions

In Error to the Circuit,Court of the United States for the Southern District of Alabama. The plaintiffs in error, Isaac F. Gantt and Stephen Shine, together with George Nolen, were indicted in the court below under section 5440 of the Revised Statutes.

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In Error to the Circuit,Court of the United States for the Southern District of Alabama. The plaintiffs in error, Isaac F. Gantt and Stephen Shine, together with George Nolen, were indicted in the court below under section 5440 of the Revised Statutes. The indictment is as follows: ■ “The grand jurors of the United States chosen, selected, and sworn in and for tile Southern district of Alabama, in the name and by the authority of the United States of America, upon their oaths do find and present Oiat Isaac F. Gallic, Stephen Shine, and George Nolen, whoso names, other than as herein statin’,…

1Opinion of the CourtHfielby, Circuit Judge

Section 5440 of the Revised Statutes is as follows:

“If two or more persons conspire cither to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not loss than one thousand dollars and not more than ten thousand dollars, and to imprisonment not more than two years.”

It is a criminal offense under ibis statute for two or more persons to conspire to defraud the United States in any manner…

2Cases cited5 opinions

  1. Dealy v. United StatesSupreme Court of the United States · 1894
  2. United States v. BrittonSupreme Court of the United States · 1883
  3. United States v. BensonCourt of Appeals for the Ninth Circuit · 1895
  4. United States v. DonauU.S. Circuit Court for the District of Southern New York · 1873
  5. United States v. DenneeU.S. Circuit Court for the District of Louisiana · 1877

3Cited by10 opinions

  1. People v. GeorgeCalifornia Court of Appeal · 1925
  2. Houston v. United StatesCourt of Appeals for the Ninth Circuit · 1914
  3. Stearns v. United StatesCourt of Appeals for the Eighth Circuit · 1907
  4. Riddle v. United StatesCourt of Appeals for the Fifth Circuit · 1922
  5. United States v. BradfordDistrict Court, E.D. Louisiana · 1905

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