United States v. Daubner
U.S. Circuit Court for the District of Eastern Wisconsin
The indictment in this case was based upon sections 5438 and 4746 of the Bevised Statutes of the United States. Section 5438 provides that “every person who makes, or causes to be made, or presents, or causes to be presented, for payment or approval to or by any person in the civil * * * service of the United States, any claim upon or against the government of the United States, knowing such claim to he false, fictitious, or fraudulent, or who, for the purpose of obtaining…
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The indictment in this case was based upon sections 5438 and 4746 of the Bevised Statutes of the United States. Section 5438 provides that “every person who makes, or causes to be made, or presents, or causes to be presented, for payment or approval to or by any person in the civil * * * service of the United States, any claim upon or against the government of the United States, knowing such claim to he false, fictitious, or fraudulent, or who, for the purpose of obtaining or aiding to obtain the payment or approval of such claim, makes, uses, or causes to be made or used, any false * * *…
1Opinion of the CourtDyer, J.
The motion is based on various grounds.
1. When the jury was impaneled the defendant claimed the right to challenge peremptorily any number of the jurors to the extent of 10, under section 819 .of the Revised Statutes. He asserted such right on the ground that the offenses with which he was charged were felonies. The court ruled against him on the point, and allowed him but three peremptory challenges. Section 819 referred to, is as follows:
“ When the offense charged is treason, or a capital offense, the defendant shall be entitled to twenty and the Unit.ed States to five peremptory challenges…
2Cases cited1 opinion
- State v. ElliottSupreme Court of Iowa · 1863
3Cited by6 opinions
- United States v. DavisU.S. Circuit Court for the District of Western Tennessee · 1900
- Weeks v. StateCourt of Criminal Appeals of Alabama · 1983
- Sprinkle v. United StatesCourt of Appeals for the Fourth Circuit · 1906
- State v. FrazierNew Mexico Supreme Court · 1913
- McDonald v. PlessCourt of Appeals for the Fourth Circuit · 1913
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