Snitkin v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the District of Indiana. Criminal prosecution by the United States against Leonard A. Snitkin. Judgment of conviction, and defendant brings error. Plaintiff in-error was tried, convicted, and sentenced to imprisonment for five years, on an indictment in two counts for conspiracy.
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In Error to the District Court of the United States for the District of Indiana. Criminal prosecution by the United States against Leonard A. Snitkin. Judgment of conviction, and defendant brings error. Plaintiff in-error was tried, convicted, and sentenced to imprisonment for five years, on an indictment in two counts for conspiracy. In the first count, omitting introductory matter and overt acts, the offense was stated as follows: “That on or about the fifteenth day of September, in the year of our Lord one thousand nine hundred and seventeen, and thereafter up to and including the fifth…
1DissentEvans, Circuit Judge
Both counts of the indictment charge conspiracy; the first, to violate section 6 of the Conscription Act; the second to violate section 3 of the Espionage Act. The majority opinion holds that the two sections of the statutes referred to are in pari materia; that so far as they deal with the specific acts set forth in the indictment the former alone applies due to the rule of construction, “Generalibus specialibus non derogant.”
Are the statutes in pari materia? If not, there can be no application of this rule. The query invites another. Are criminal statutes ever in pari materia? Or, perhaps,…
2Cases cited11 opinions
- Rodgers v. United StatesSupreme Court of the United States · 1902
- United States v. HirschSupreme Court of the United States · 1879
- Jelke v. United StatesCourt of Appeals for the Seventh Circuit · 1918
- United States v. First Nat. Bank of DetroitSupreme Court of the United States · 1914
- State v. PomeroyOregon Supreme Court · 1896
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