Legal Opinion

United States v. Polite

District Court, D. South Carolina

Decided May 15, 1888PublishedCited by 10 opinions

Information under Rev. St.U. S. § 53.99, for impeding a witness. . On motion .to quash.

1Opinion of the CourtSimonton, J.

The defendants are before the court on an information tiled by the district attorney for violating section 5399, Rev. St., impeding a witness. Accompanying the information are the papers of the commissioner who held the preliminary examination, including the sworn testimony of the witnesses taken in the presence of the accused. The information sets out that it is on the oath of office of the district attorney; but it is not sworn to. The defendants’ motion is based upon the absence of an affidavit to the information. It is true that informations must he based upon affidavits which show…

2Cases cited1 opinion

  1. In re Rule of CourtU.S. Circuit Court for the Northern District of Georgia · 1877

3Cited by10 opinions

  1. Weeks v. United StatesCourt of Appeals for the Second Circuit · 1914
  2. United States v. DanaDistrict Court, S.D. New York · 1895
  3. Salter v. StateCourt of Criminal Appeals of Oklahoma · 1909
  4. United States v. BaumertDistrict Court, N.D. New York · 1910
  5. United States v. McDonaldDistrict Court, D. Minnesota · 1923

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