Legal Opinion

United States v. Simmons

Supreme Court of the United States

Decided April 22, 1878PublishedCited by 260 opinions

Certificate of division between the judges, of the Circuit Court of the United States for the Eastern District of New ' York. Simmons was indicted in the Circuit Court of the United States for the Eastern District of New York for violating sects. 3258, 3259, 3266, and .3281 of the Revised Statutes of the United States.

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Certificate of division between the judges, of the Circuit Court of the United States for the Eastern District of New ' York. Simmons was indicted in the Circuit Court of the United States for the Eastern District of New York for violating sects. 3258, 3259, 3266, and .3281 of the Revised Statutes of the United States. The indictment contained four counts, the second of which was drawn under sect. 3266, and the fourth . under sect. 3281. It is as to the sufficiency of these counts that the case comes here on certificate of division in opinion. The facts are fully stated in the opinion of the…

1Opinion of the CourtJustice Harlan

Upon an indictment, charging violations of certain provisions of the Revised Statutes of the United States, relating to distilled spirits, Simmons was found guilty as charged in each count, and moved in arrest of judgment.. The first and third . counts were held to be bad, and’ the case is here upon a state ment of facts and a certificate of division in opinion upon several questions involving the sufficiency of the second and-fourth counts.

The second count, pursuing the words of sect. 3266 of the Revise’d Statutes, charges that the defendant “did knowingly .and.unlawfully cause-and procure…

2Cases cited3 opinions

  1. United States v. GoodingSupreme Court of the United States · 1827
  2. United States v. MillsSupreme Court of the United States · 1833
  3. The Emily and the CarolineSupreme Court of the United States · 1824

3Cited by260 opinions

  1. Russell v. United StatesSupreme Court of the United States · 1962
  2. Coffin v. United StatesSupreme Court of the United States · 1895
  3. United States v. HaldemanCourt of Appeals for the D.C. Circuit · 1976
  4. Burton v. United StatesSupreme Court of the United States · 1906
  5. United States v. HessSupreme Court of the United States · 1888

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