Proffitt v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. - Howard J. Proffitt was convicted of offenses, and he brings error. The indictment in this case contains four counts.
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In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. - Howard J. Proffitt was convicted of offenses, and he brings error. The indictment in this case contains four counts. The first charges a conspiracy to commit an offense against the United States in the following language: That the defendants “did knowingly, .willfully, unlawfully, corruptly, fraudulently, and feloniousy conspire, combine, confederate, and agree together, and with divers other persons whose names are to the grand jurors unknown, to…
1Opinion of the CourtRudkin, District Judge
(after stating the facts as above). [1-4] 1. The first assignment of error is based on the order overruling the demurrer.. Numerous objections to the different counts of the indictment are raised by the demurrer, but many of these are based on the statutes of California, which are not controlling in this court. The two principal objections, and the only ones deemed worthy of notice, are: First, that the indictment is not direct and certain as to the particular circumstances of the crimes charged; and, second, that the last three counts of the indictment charge more than one crime and are…
2Cases cited3 opinions
- Crain v. United StatesSupreme Court of the United States · 1896
- Shepard v. United StatesCourt of Appeals for the Ninth Circuit · 1916
- State v. MessnerWashington Supreme Court · 1906
3Cited by13 opinions
- Marino v. United StatesCourt of Appeals for the Ninth Circuit · 1937
- Rose v. United StatesCourt of Appeals for the Ninth Circuit · 1945
- Hood v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- United States v. WeissDistrict Court, N.D. Illinois · 1923
- State v. MusserUtah Supreme Court · 1946
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