Legal Opinion

United States v. Achen

District Court, E.D. New York

Decided March 31, 1920No. 21873PublishedCited by 9 opinions

Separate informations were filed against Louis Adíen and David Weiss, charging them with violation of the National Prohibition Act. On motions by each defendant to quash the information.

1Opinion of the Court

GARVIN, District Judge.

A separate information was filed against each of the defendants, and each has moved to quash. The same questions are raised by each motion.

[1] The defendants were arrested, and, upon being admitted to bail, appeared before a United States commissioner for examination. Adjournments were had, and during the pendency, of the proceedings, the United States attorney caused an information to be filed against each defendant. It is claimed that this was improper.

In this district at least the practice of proceeding against a defendant, not charged with an infamous offense, by…

2Cases cited6 opinions

  1. United States v. TureaudU.S. Circuit Court for the District of Eastern Louisiana · 1884
  2. State v. FinleySupreme Court of Kansas · 1870
  3. United States v. BaughU.S. Circuit Court for the District of Eastern Virginia · 1880
  4. United States v. WellsDistrict Court, W.D. Tennessee · 1913
  5. Rider v. United StatesCourt of Appeals for the Eighth Circuit · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. David Rivera v. Government of the Virgin IslandsCourt of Appeals for the Third Circuit · 1967
  2. United States v. Robert Karl Funk, Jr.Court of Appeals for the Eighth Circuit · 1969
  3. Hunter v. United StatesCourt of Appeals for the Fourth Circuit · 1921
  4. Ex parte BredeDistrict Court, E.D. New York · 1922
  5. United States v. QuaritiusDistrict Court, E.D. New York · 1920

4 more not listed; retrieve them via the Exa API.

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