Legal Opinion

Low v. United States

Court of Appeals for the Sixth Circuit

Decided April 14, 1909No. 1,885PublishedCited by 21 opinions

In Error to the District Court of the United States for the Southern District of Ohio. This is a writ of error to the District Court for the Southern District of Ohio. The plaintiffs in error were indicted jointly, entered a plea of not guilty, waived a jury, and were tried upon the evidence submitted to the District Judge, and adjudged guilty upon some counts and not guilty upon others. There were two indictments, one of which contained four counts, the other three counts.

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In Error to the District Court of the United States for the Southern District of Ohio. This is a writ of error to the District Court for the Southern District of Ohio. The plaintiffs in error were indicted jointly, entered a plea of not guilty, waived a jury, and were tried upon the evidence submitted to the District Judge, and adjudged guilty upon some counts and not guilty upon others. There were two indictments, one of which contained four counts, the other three counts. These indictments were consolidated by order of the < court and heard together. The defendants were adjudged guilty…

1Opinion of the CourtLurton, Circuit Judge

(after stating the facts as above). 1. The defendants and the government waived a jury, and the case was heard upon the evidence by the court, and a general judgment rendered of guilty upon certain counts and not guilty upon others. Aside from the fact that this was a criminal and not a civil case, there is no statute which provides for a trial by the court without a jury, except in cases of equity or maritime jurisdiction, or when so provided by the bankrupt Jaw. The trial of issues of fact in the District Court, save in the excepted cases, must be by jury. Section 566, Rev. St. (U. S. Comp.…

2Cases cited10 opinions

  1. Capital Traction Co. v. HofSupreme Court of the United States · 1899
  2. Callan v. WilsonSupreme Court of the United States · 1888
  3. Ex Parte WilsonSupreme Court of the United States · 1885
  4. Schick v. United StatesSupreme Court of the United States · 1904
  5. Cancemi v. . the PeopleNew York Court of Appeals · 1858

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3Cited by21 opinions

  1. Patton v. United StatesSupreme Court of the United States · 1930
  2. Singer v. United StatesSupreme Court of the United States · 1965
  3. Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
  4. Pacemaker Diagnostic Clinic of America, Inc., a Tennessee Corporation, Cross-Appellee v. Instromedix, Inc., an Oregon Corporation, Cross-AppellantCourt of Appeals for the Ninth Circuit · 1983
  5. United States v. Yellow Freight System, Inc., United States of America v. Duncan Ceramics, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1981

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