United States v. Biggs
District Court, D. Colorado
On Demurrer to Indictment and Motion to Quash. The indictment in this case attempts to charge a conspiracy, and Is bottomed upon Rev. St. U. S. § 5440 [U. S. Comp. St. 1901, p. 3676], and the second clause thereof, to wit: “If two or more persons conspire * * * to defraud the United States in any manner, or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy,” etc.
Read the full summary
On Demurrer to Indictment and Motion to Quash. The indictment in this case attempts to charge a conspiracy, and Is bottomed upon Rev. St. U. S. § 5440 [U. S. Comp. St. 1901, p. 3676], and the second clause thereof, to wit: “If two or more persons conspire * * * to defraud the United States in any manner, or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy,” etc. The indictment charges that the defendants Biggs, Freeman, MePhee, and Mc-Ginnity “on the twenty-fifth day of August in the year eighteen hundred and ninety-nine, and at the several…
1Opinion of the CourtLewis, District Judge
(after stating the facts as above). 1. The indictment in its charge does not embody the use of criminal means to accomplish the end. So the inquiry is: Do the facts charged constitute a defrauding of the United States within /the meaning of the second clause of section 5440 [U. S. Comp. St. 1901, p. 3676] ? The •offense here considered and found in that section, stated shortly but *267fully, is a conspiracy to defraud. The words following “defraud" are only for the purpose of bringing the offense within federal jurisdiction. That section does not define the offense. It is more in the nature of a…
2Cases cited32 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Pettibone v. United StatesSupreme Court of the United States · 1893
- Hyde v. ShineSupreme Court of the United States · 1905
- United States v. BrittonSupreme Court of the United States · 1883
- Dealy v. United StatesSupreme Court of the United States · 1894
27 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rose v. United StatesCourt of Appeals for the Ninth Circuit · 1945
- Breese v. United StatesCourt of Appeals for the Fourth Circuit · 1913
- State v. BennettCourt of Criminal Appeals of Oklahoma · 1945
- United States v. OlmsteadDistrict Court, W.D. Washington · 1925
- Thatcher v. DarrWyoming Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.