Carroll v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Montana. The plaintiff in error was tried and convicted under an indictment charging him with the commission of three separate and distinct offenses under Act Feb. 25, 1885, c. 149, 23 Stat. 32T [U. S. Oomp. St. 1901, p. 1524] — “An act to. prevent unlawful occupancy of the public lands.” 1 Supp.
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In Error to the District Court of the United States for the District of Montana. The plaintiff in error was tried and convicted under an indictment charging him with the commission of three separate and distinct offenses under Act Feb. 25, 1885, c. 149, 23 Stat. 32T [U. S. Oomp. St. 1901, p. 1524] — “An act to. prevent unlawful occupancy of the public lands.” 1 Supp. Rev. St. 477. In the first count it was charged that on June 29, 1905, he had wrongfully and unlawfully made, erected, and constructed an inclosure of certain public lands, aggregating about 2,040 acres; in the second count it…
1Opinion of the CourtGilbert, Circuit Judge
It is contended that the verdict of acquittal on the first and third counts necessarily involves acquittal on the second count, that the offenses as charged in the three counts overlap each other so that the evidence which would sustain one count would sustain all, and that the court erred in denying the motion which the plaintiff in error made for arrest of judgment on that ground. But it must be apparent that the plaintiff in error might be guilty of erecting an unlawful inclosure of public lands as charged in the first count, and yet might not be guilty of maintaining it, and it is equally…
2Cases cited22 opinions
- Agnew v. United StatesSupreme Court of the United States · 1897
- Hopt v. UtahSupreme Court of the United States · 1887
- Cragin v. PowellSupreme Court of the United States · 1888
- Lincoln v. PowerSupreme Court of the United States · 1894
- Lovejoy v. United StatesSupreme Court of the United States · 1888
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3Cited by7 opinions
- Cochran v. United StatesCourt of Appeals for the Eighth Circuit · 1930
- Oglesby v. StateCourt of Criminal Appeals of Oklahoma · 1934
- Northern Pacific Railway Co. v. SmithMontana Supreme Court · 1921
- McNulty v. KellySupreme Court of Colorado · 1959
- Sewell v. StateCourt of Criminal Appeals of Oklahoma · 1927
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