Davey v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Charles A. Davey was convicted of endeavoring to influence, intimidate, and impede a witness, and he brings error. The writ of error in this case seeks to reverse a judgment of the District Court of the United States, by which plaintiff in error was sentenced to imprisonment in the penitentiary and to pay a fine.
Read the full summary
In Error to the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. Charles A. Davey was convicted of endeavoring to influence, intimidate, and impede a witness, and he brings error. The writ of error in this case seeks to reverse a judgment of the District Court of the United States, by which plaintiff in error was sentenced to imprisonment in the penitentiary and to pay a fine. The judgment was rendered upon a verdict of the trial court on the fifth, sixth, seventh, and eighth counts of a consolidated indictment charging the plaintiff in error with…
1Opinion of the CourtCarpenter, District Judge
(after stating the facts as above). It is urged that the offense defined by section 135 is a misdemeanor, and that the statement in the indictment that the plaintiff in error acted “feloniously” took the charge out of the terms of the law.
[1] In framing an indictment under a státute, the definition of the crime should bring the accused clearly and precisely within it, but, that having been done, an unnecessary description of the manner in which the crime was committed will not vitiate the indictment. The use of the word “feloniously” at the most was surplusage. Dolan v. United States, 133…
2Cases cited8 opinions
- United States v. GoodingSupreme Court of the United States · 1827
- SavinSupreme Court of the United States · 1889
- United States v. MillsSupreme Court of the United States · 1833
- Dolan v. United StatesCourt of Appeals for the Eighth Circuit · 1904
- Hume v. United StatesCourt of Appeals for the Fifth Circuit · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. GrunewaldCourt of Appeals for the Second Circuit · 1956
- United States v. SolowDistrict Court, S.D. New York · 1956
- Walker v. United StatesCourt of Appeals for the Eighth Circuit · 1938
- Wilson v. United StatesCourt of Appeals for the Eighth Circuit · 1935
- United States v. MeltzerCourt of Appeals for the Seventh Circuit · 1938
13 more not listed; retrieve them via the Exa API.