United States v. Hughitt
District Court, N.D. New York
On Demurrer and Motion to Quash. In 1887 the defendant was president of the First National Bank of Auburn, N. Y. At the September term of this court lie was indicted lor making false entries in a report purporting to give a statement of the condition of said bank, at the close of business on the 7th day of December, L887. The indictment is framed under section 5209 of the Devised Statutes, which provides that— “Every president * * * of any association who * * * makes any…
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On Demurrer and Motion to Quash. In 1887 the defendant was president of the First National Bank of Auburn, N. Y. At the September term of this court lie was indicted lor making false entries in a report purporting to give a statement of the condition of said bank, at the close of business on the 7th day of December, L887. The indictment is framed under section 5209 of the Devised Statutes, which provides that— “Every president * * * of any association who * * * makes any false entry in any book, report, or statement of the association, with intent, in either case, to injure or defraud the…
1Opinion of the Court
Coxe, J.,
(after stating the facts us above.) The indictment is framed under section 5209. The crime charged is a misdemeanor, expressly made so by statute. In such cases it is usually sufficient if the pleader states the offense in the language of the statute, provided the defendant is apprised with reasonable certainty of the charge made against him.
In U. S. v. Simmons, 96 U. S. 360, the court upheld an allegation that the defendant’s still, boiler, etc., were used “for the purpose of distilling, within the intent and meaning of the internal revenue laws of the United States.” It was held…
2Cases cited4 opinions
- United States v. SimmonsSupreme Court of the United States · 1878
- United States v. BrittonSupreme Court of the United States · 1883
- United States v. BachelderU.S. Circuit Court for the District of New Hampshire · 1814
- State v. TempleSupreme Judicial Court of Maine · 1835
3Cited by3 opinions
- Harper v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- United States v. BookerDistrict Court, D. North Dakota · 1897
- Harper v. United StatesCourt of Appeals for the Eighth Circuit · 1909