United States v. O'Brian
U.S. Circuit Court for the District of Kansas
The defendant [Thomas M. O’Brian] was indicted under the act of February 5, 1867, § 1 (14 Stat 383), for selling to Hines & Eaves, bankers in Leavenworth, a check drawn by the pay-master of the army of the United States, upon the assistant United States treasurer of New York, with a forged indorsement of the name of the payee thereon, with the intent by the said act prohibited.
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The defendant [Thomas M. O’Brian] was indicted under the act of February 5, 1867, § 1 (14 Stat 383), for selling to Hines & Eaves, bankers in Leavenworth, a check drawn by the pay-master of the army of the United States, upon the assistant United States treasurer of New York, with a forged indorsement of the name of the payee thereon, with the intent by the said act prohibited. Under the plea of not guilty, the main question in the case was whether the offense was barred by the statute of limitations (1 Stat. 117, § 32; 1 Brightly, Dig. 322, § 107). To take the case out of the statute, the…
1Opinion of the Court
DILLON, Circuit Judge.
The offense is charged to have been committed on the 31st day of December, 18G7, and the indictment was not found until the 6th day of May, 1873, —more than five years afterwards. The indictment alleges also that the defendant is a person fleeing from justice in this district, and that he has been thus fleeing since the 1st day of December, 1S69.
The limitation statutes of congress require an indictment for an offense, such as that here charged, to be found within two years from the time the offense was committed; but the-statute contains a proviso, that the bar or…
2Cited by7 opinions
- George Finbar Ross v. United States Marshal for the Eastern District of OklahomaCourt of Appeals for the Tenth Circuit · 1999
- Fisk v. HenarieUnited States Circuit Court · 1887
- State v. ThomasNebraska Supreme Court · 1990
- Colling v. StateNebraska Supreme Court · 1927
- Ex parte AustinMississippi Supreme Court · 1922
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