United States v. Davis
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OP THE UNITED STATES POR THE WESTERN DISTRICT OP MISSOURI. The facts, which involve the construction of §§ 28 and 29 of the Penal Code (§§ 5421 and 5479, Rev. Stat.), are stated in the opinion. The false writings intended by the third clause of § 5421, Rev. Stat., are not confined to forgeries, but include also writings genuine as to execution but false and fraudulent in substance.
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ERROR TO THE DISTRICT COURT OP THE UNITED STATES POR THE WESTERN DISTRICT OP MISSOURI. The facts, which involve the construction of §§ 28 and 29 of the Penal Code (§§ 5421 and 5479, Rev. Stat.), are stated in the opinion. The false writings intended by the third clause of § 5421, Rev. Stat., are not confined to forgeries, but include also writings genuine as to execution but false and fraudulent in substance. United States v. Staats, 8 How. 41; United States v. Barney, 5 Blatchf. 294; S. C., 24 Fed. Cas., No. 14524; United States v. Bickford, 4 Blatchf. 337; S. C., 24 Fed. Cas., No. 14591;…
1Opinion of the CourtChief Justice White
The indictment charged the defendants under Penal Code, § 37 (Rev. Stat. § 5440), with a conspiracy to commit offenses against the United States, that is, to violate §§ 28 and 29 of the Penal Code. These sections, leaving aside additions, irrelevant to this case, are reproductions oi §§ 5421 and 5479, Revised Statutes, in force in 1909 when the acts charged were committed. All the overt acts concerned the making or use of false affidavits and documents, in support of a fraudulent claim for land under Rev. Stat. §§ 2304 and 2307, giving honorably discharged soldiers of the Civil War the right…
2Cases cited1 opinion
- United States v. StaatsSupreme Court of the United States · 1849
3Cited by15 opinions
- Prussian v. United StatesSupreme Court of the United States · 1931
- United States v. StrandUnited States Court of Military Appeals · 1955
- United States v. Alex G. MerklingerCourt of Appeals for the Sixth Circuit · 1994
- Wright v. United StatesCourt of Appeals for the Ninth Circuit · 1949
- Goldsmith v. United StatesCourt of Appeals for the Second Circuit · 1930
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