Montoya v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of New Mexico; Colin Neblett, Judge. Criminal prosecution by the United States against C. C. Montoya and Anastacio Sereseres. Judgment of conviction, and defendants bring error.
1Opinion of the Court
STONE, Circuit Judge.
Error by C. C. Montoya and Anastacio Sereseres from conviction for conspiracy to injure, oppress, threaten, and intimidate Rosetta M. Reed in the free exercise and enjoyment of his rights to make effectual a homestead entry.
The errors relied upon are insufficiency of the indictment, and insufficiency of the evidence. The indictment was under section 19 of the Criminal Code (Comp. St. § 10183). The portion of the statute here of moment is:
*760“If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right…
2Cases cited2 opinions
- Dunbar v. United StatesSupreme Court of the United States · 1895
- Smith v. United StatesCourt of Appeals for the Eighth Circuit · 1907
3Cited by7 opinions
- Collie Leroy Wilkins, Jr., and Eugene Thomas v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Hall v. United StatesCourt of Appeals for the Eighth Circuit · 1921
- Nicholson v. United StatesCourt of Appeals for the Eighth Circuit · 1935
- Janes v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- United States v. EllisDistrict Court, W.D. South Carolina · 1942
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