In re Kirby

It is contended that the accusation in this proceeding is fatally defective, because of the omission of an allegation that the crime of which accused was convicted is a felony. It is alleged that he was convicted of the crime of receiving property of the United States, with intent to convert the same to his own use and gain, knowing the same to have been stolen. Whether or not this crime is a felony, within the meaning of the statute defining the causes for disbarment, is purely a conclusion of law, depending upon the punishment permitted by the United States Statutes. Of these, state courts…