United States v. Joyce
District Court, M.D. Pennsylvania
Indictment under Act Cong. Aug. 2, 1886, c. 840 (24 Stat.-209 [U. S. Comp. St. 1901, p. 2228]), for the unlawful sale of oleomargarine and the removal and defacement of stamps. Rule to show cause why indictment should not be quashed.
1Opinion of the Court
ARCHBADD, District Judge.
There is nothing in the exception that the indictment is not sustained by the complaint made before the commissioner, on which the defendants were arrested and bound over, everything that is charged in the one appearing also in the other, and the cases which hold that, to the extent that they vary, the indictment cannot be sustained, do not therefore apply. Neither is there any valid objection to the first and second counts, in-which, in the words of the act, the defendants are charged, in the one with carrying on the business of a wholesale, and in the other of a…
2Cases cited2 opinions
- Wilkins v. United StatesCourt of Appeals for the Third Circuit · 1899
- Dougherty v. United StatesCourt of Appeals for the Third Circuit · 1901
3Cited by2 opinions
- United States v. GriggsDistrict Court, D. Maryland · 1939
- United States v. LockwoodDistrict Court, D. New Jersey · 1908