Legal Opinion

Stephens v. United States

Court of Appeals for the Ninth Circuit

Decided February 9, 1920No. 3349PublishedCited by 2 opinions

Criminal prosecution by the United States against E. A. Stephens. On motion for rehearing.

1Per curiam

Plaintiff in error urges that the indictment “does not allege any intent whatsoever.” It is true that it does not use the word “intent,” but the allegation that defendant knowingly, willfully, unlawfully, and feloniously did attempt to pause and create insubordination and disloyalty in the military and naval forces, by doing the things charged, sufficiently charged that the altempt was done with willful and unlawful purpose. Bise v. United States, 144 Fed. 374, 74 C. C. A. 1, 7 Ann. Cas. 165; People v. Butler, 1 Idaho, 231; State v. Rechnitz, 20 Mont. 488, 52 Pac. 264; State v. Clark, 32 Nev.…

2Cases cited10 opinions

  1. State v. RechnitzMontana Supreme Court · 1898
  2. People v. ButlerIdaho Supreme Court · 1869
  3. The People v. . WillettNew York Court of Appeals · 1886
  4. State v. HughesNevada Supreme Court · 1909
  5. Atkinson v. StateCourt of Criminal Appeals of Texas · 1895

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3Cited by2 opinions

  1. State v. ShedoudyNew Mexico Supreme Court · 1941
  2. United States v. MarzaniDistrict Court, District of Columbia · 1947

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