Nickell v. United States
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Oregon. The plaintiff in error, Nielcell, was indicted jointly with Henry W. Miller, Frank IS. Kineart, and Martin (>. Iloge in the Circuit Court for the District of Oregon for conspiracy under section 5440 of the Revised Statutes (U. S. Comp.
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In Error to the Circuit Court of the United States for the District of Oregon. The plaintiff in error, Nielcell, was indicted jointly with Henry W. Miller, Frank IS. Kineart, and Martin (>. Iloge in the Circuit Court for the District of Oregon for conspiracy under section 5440 of the Revised Statutes (U. S. Comp. St. 1901, p. 3G76). That part of the indictment material to the present inquiry reads as follows: “The grand jurors for the United States of America, inquiring for the district of Oregon, upon their oath present that Henry \V. Miller, Frank E. Kineart, Martin G. Iloge, and Charles…
1Opinion of the CourtWhitson, District Judge
(after stating the facts as above). While the plaintiff in error has made numerous assignments, they either directly present or incidentally involve two principal propositions : First. The sufficiency of the indictment. Second. The nature and character of the contract or agreement which is inhibited by the statute, and whether plaintiff in error was brought within its provisions.
First, then, as to the indictment: The argument is that tlie pleader has omitted to charge that the acts complained of were willfully done. This is based upon the assumption, rightly made, that it must so appear by…
2Cases cited4 opinions
- Patrick v. BowmanSupreme Court of the United States · 1893
- Boren v. United StatesCourt of Appeals for the Ninth Circuit · 1906
- Van Gesner v. United StatesCourt of Appeals for the Ninth Circuit · 1907
- Paine v. LoebCourt of Appeals for the Second Circuit · 1899
3Cited by9 opinions
- Rumely v. United StatesCourt of Appeals for the Second Circuit · 1923
- Chow Bing Kew v. United StatesCourt of Appeals for the Ninth Circuit · 1957
- United States v. OkinDistrict Court, D. New Jersey · 1955
- Link v. United StatesCourt of Appeals for the Sixth Circuit · 1924
- Nickell v. United StatesCourt of Appeals for the Ninth Circuit · 1909
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