United States v. Rhodes

SWAYNE, Circuit Justice.

This is a prosecution under the act of congress of the 9th of April, 1866 [14 Stat. 27], entitled “An act to protect all persons in the United States in their civil rights, and to furnish the means for their vindication.” The defendants having been found guilty by a jury, the case is now before us upon a motion in arrest of judgment.

Three grounds are relied upon in support of the motion. It is insisted: I. That the indictment is fatally defective. II. That the case which it makes, or was intended to make, is not within the act of congress upon which it is founded. III.…