Wells v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Hulet M. Wells and others were, convicted of conspiracy in violation of Criminal Code, §_ 6, and they bring error. The plaintiffs in error, defendants below, were indicted by two counts, charged with conspiracy under section 6 of the Criminal Code (Act March 4, 1909, e. 321, 35 Stat. 1089 [Comp.
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In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Hulet M. Wells and others were, convicted of conspiracy in violation of Criminal Code, §_ 6, and they bring error. The plaintiffs in error, defendants below, were indicted by two counts, charged with conspiracy under section 6 of the Criminal Code (Act March 4, 1909, e. 321, 35 Stat. 1089 [Comp. St. § 10170]). The first count charges that the 'defendants, on April 25, 1917, conspired together and with sundry other persons “to oppose by force the…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). The first question presented here is whether the indictment by each count charges two or more distinct offenses. It is unnecessary at this time fo analyze the indictment, read in connection with the statute under which it is drawn (section 6, Criminal Code), to determine whether or not it contains the statement of two or more separate and distinct offenses. It is sufficient to say that the objection was only raised by a motion to dismiss at the close of the government’s case, on the ground that the indictment does not state facts sufficient to constitute an…
2Cases cited6 opinions
- Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
- Fourteen Diamond Rings v. United StatesSupreme Court of the United States · 1901
- Sheridan v. United StatesCourt of Appeals for the Ninth Circuit · 1916
- United States v. BayaudU.S. Circuit Court for the District of Southern New York · 1883
- Hibbard v. United StatesCourt of Appeals for the Seventh Circuit · 1909
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3Cited by19 opinions
- United States v. SpockCourt of Appeals for the First Circuit · 1969
- State v. CooperSupreme Court of New Jersey · 1952
- State v. ClevelandSupreme Court of New Jersey · 1951
- Forrest Silva Tucker v. United StatesCourt of Appeals for the Ninth Circuit · 1958
- Beauchamp v. United StatesCourt of Appeals for the Sixth Circuit · 1946
14 more not listed; retrieve them via the Exa API.