Atchison, T. & S. F. Ry. Co. v. United States
Court of Appeals for the Seventh Circuit
In Error to. the District Court of the United States for the Northern District of Illinois. The judgment brought here by the writ of error is one adjudging that the United States do have and recover of and from the plaintiff in error the sum of one hundred dollars, with costs; such judgment being based upon the verdict of a jury finding appellant “guilty as charged in the information.” -The proceeding was by petition by Edwin W. Sims, United States Attorney, averring that…
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In Error to. the District Court of the United States for the Northern District of Illinois. The judgment brought here by the writ of error is one adjudging that the United States do have and recover of and from the plaintiff in error the sum of one hundred dollars, with costs; such judgment being based upon the verdict of a jury finding appellant “guilty as charged in the information.” -The proceeding was by petition by Edwin W. Sims, United States Attorney, averring that the plaintiff in error was a common carrier engaged in interstate commerce, and that in violation of the act of Congress…
1Opinion of the CourtGrosscup, Circuit Judge
(after stating the facts as above), delivered the opinion.
The principal question in this case is, Did the Circuit Court err in giving to the jury the peremptory instruction to find the plaintiff in error guilty? And this question turns chiefly upon this further question, Was the prosecution of plaintiff in error by the United States, in the case under review, the prosecution of a criminal offense? For if it be a criminal offense, plaintiff in error was entitled to the verdict of the jury respecting its guilt or innocence — not a verdict in form only, but a verdict expressing the real judgment…
2Cases cited15 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Huntington v. AttrillSupreme Court of the United States · 1892
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Starr v. United StatesSupreme Court of the United States · 1894
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. The J. B. Williams Company, Inc., and Parkson Advertising Agency, Inc.Court of Appeals for the Second Circuit · 1974
- United States v. GollinCourt of Appeals for the Third Circuit · 1948
- Dillon v. United StatesCourt of Appeals for the Second Circuit · 1921
- Wissel v. United StatesCourt of Appeals for the Second Circuit · 1927
- Atchison, T. & S. F. Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1910
5 more not listed; retrieve them via the Exa API.