United States v. Maxey
District Court, E.D. Arkansas
R. E. R. Maxey was convicted of having conspired to commit an offense against the United States, and moves in arrest of judgment. Hie defendant and one Copeland were indicted under section 37 of the Penal Code (Act March 4, 1909, c. 321, 35 Stat. 1096 [U. S. Comp. St. Supp. 1911, p. 1600]), for having conspired to commit an offense against the United States. The offense which it is alleged they had conspired to commit was to violate section 215 of the Penal Code.
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R. E. R. Maxey was convicted of having conspired to commit an offense against the United States, and moves in arrest of judgment. Hie defendant and one Copeland were indicted under section 37 of the Penal Code (Act March 4, 1909, c. 321, 35 Stat. 1096 [U. S. Comp. St. Supp. 1911, p. 1600]), for having conspired to commit an offense against the United States. The offense which it is alleged they had conspired to commit was to violate section 215 of the Penal Code. The defendant Copeland having entered a plea of guilty to the charge, the defendant Maxey was tried to a jury, and, having been…
1Opinion of the Court
i TRIFBER, District Judge
(after stating the facts as above).
[1,2] The law is well settled that a judgment in a criminal case will, after conviction, be arrested only for matter appearing of record which would render the judgment erroneous if given: the evidence being no .part of the record for such purpose. The rule in civil cases, that the matter alleged on arrest must be such as would have been sufficient .on demurrer to overturn the action or plea, also applies to criminal cases. Wharton’s Crim. PI. & Prac. (8th Ed.) § 759; Sadler’s Crim. Proc. § 516; Clement v. United States, 149 Fed.…
2Cases cited14 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Armour Packing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Thomas v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Stokes v. United StatesSupreme Court of the United States · 1895
- Lemon v. United StatesCourt of Appeals for the Eighth Circuit · 1908
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3Cited by8 opinions
- Moffatt v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- Smith v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- Robins v. United StatesCourt of Appeals for the Eighth Circuit · 1919
- United States v. BrookmanDistrict Court, D. Minnesota · 1924
- United States v. GoldmanDistrict Court, N.D. Ohio · 1913
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