Legal Opinion · Dissent

Myers v. United States

Court of Appeals for the Eighth Circuit

Decided October 15, 1926No. 7098Published

1DissentBooth, Circuit Judge

I respectfully dissent from that portion of the learned and exhaustive majority opinion which holds that the overruling of the demurrer to the information was not reversible error, and I shall briefly state my reasons.

1. The Sixth Amendment to the Constitution of the United States provides: “In all criminal prosecutions, the accused shall' enjoy the right * * * to be informed of the nature and cause of the accusation.” The Fifth Amendment to the Constitution provides: “Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.”

In order that the accused…

2Cases cited20 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. United States v. HessSupreme Court of the United States · 1888
  3. United States v. SimmonsSupreme Court of the United States · 1878
  4. Armour Packing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
  5. Fontana v. United StatesCourt of Appeals for the Eighth Circuit · 1919

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