United States v. Benson
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for tlie Northern District of California. This was a petition by John A. Benson to be discharged on habeas corpus from the custody of the marshal for the district of California, by whom he was held to answer an indictment for conspiracy. The circuit court discharged the petitioner. 58 lied. 962. The government appeals.
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Appeal from the Circuit Court of the United States for tlie Northern District of California. This was a petition by John A. Benson to be discharged on habeas corpus from the custody of the marshal for the district of California, by whom he was held to answer an indictment for conspiracy. The circuit court discharged the petitioner. 58 lied. 962. The government appeals. The indictment in this case is founded upon section 5440 of the Revised Statutes, as amended Slay 17, 1879 (21 Stat. 4; 1 Snpp. Rev. St. p. 204), which reads as follows: “If two or more persons conspire either to commit any…
1Opinion of the CourtHawley, District Judge
(after stating the facts). Is the indictment; in this case sufficient in law to constitute a crime punishable by the laws of the United States? The form of the indictment is certainly open to criticism. It is not as clear, concise, and direct in its averments as it might have been made. It is, as was said by the supreme court with reference to the form of an indictment in another of the Benson Cases, in U. S. v. Perrin, 131 U. S. 57, 9 Sup. Ct. 681, “so diffuse and obscure, presenting in no point: a, distinct issue of law on which the guilt of the defendants must rest, that it is impossible…
2Cases cited25 opinions
- The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
- United States v. HessSupreme Court of the United States · 1888
- United States v. SimmonsSupreme Court of the United States · 1878
- United States v. BrittonSupreme Court of the United States · 1883
- United States v. BrittonSupreme Court of the United States · 1883
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3Cited by17 opinions
- Jelke v. United StatesCourt of Appeals for the Seventh Circuit · 1918
- People v. GeorgeCalifornia Court of Appeal · 1925
- Perrin v. United StatesCourt of Appeals for the Ninth Circuit · 1909
- Houston v. United StatesCourt of Appeals for the Ninth Circuit · 1914
- Enrique Rivera v. United StatesCourt of Appeals for the First Circuit · 1932
12 more not listed; retrieve them via the Exa API.