Breese v. United States
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The facts, which involve the validity of an indictment for conspiracy under § 5440, Rev. Stat., are stated in the opinion. The indictment was absolutely, void. The entire grand jury'must return an indictment in open court, otherwise it is void, and the court has no jurisdiction to try the accused.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The facts, which involve the validity of an indictment for conspiracy under § 5440, Rev. Stat., are stated in the opinion. The indictment was absolutely, void. The entire grand jury'must return an indictment in open court, otherwise it is void, and the court has no jurisdiction to try the accused. This is the common-law doctrine and was the law at the time of the adoption of the Constitution. 4 Blackstone, 306; Bishop, New Crim, Law, § 869 A; Thompson and Merriam on Juries,'§ 696; Commonwealth v. Cawood, 2 Va. Cas. 541;…
1Opinion of the CourtJustice Holmes
This case comes here on a certificate which may be summed up as follows. The defendants were indicted in 1897 under Rev. Stat., § 5440, for a conspiracy to embezzle funds of a national bank. In the following term, on November 6, 1897, they*were ordered to plead, and pleaded not guilty — but the order provided that the plea should not “prevent their taking advantage upon motion in arrest of judgment or on motion for a new trial of all matters and things which could be taken advantage of by motion to quash or demurrer,' upon motion in arrest of judgment or for a new trial, all such matters and…
2Cases cited9 opinions
- Hyde v. United StatesSupreme Court of the United States · 1912
- Agnew v. United StatesSupreme Court of the United States · 1897
- Frisbie v. United StatesSupreme Court of the United States · 1895
- Harlan v. McGourinSupreme Court of the United States · 1910
- United States v. GaleSupreme Court of the United States · 1883
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3Cited by25 opinions
- Glasser v. United StatesSupreme Court of the United States · 1942
- Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
- Badders v. United StatesSupreme Court of the United States · 1916
- United States v. Gregory LennickCourt of Appeals for the Ninth Circuit · 1994
- Cratty v. United StatesCourt of Appeals for the D.C. Circuit · 1947
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