Legal Opinion

United States v. Power

U.S. Circuit Court for the District of Southern New York

Decided May 16, 1877PublishedCited by 7 opinions

[This was an indictment against Martin Power upon the charge of perjury. Heard on demurrer.]

1Opinion of the Court

BENEDICT, District Judge.

The prisoner is indicted under section 2165 of the Revised Statutes of the United States, for perjury committed by him in making an application to be naturalized before the city court of Yonkers. A demurrer to this indictment brings before the court the question, whether the city court of Yonkers had jurisdiction to entertain the prisoner’s application to be made a citizen of the United States. If that court has not such jurisdiction, the indictment charges no offence, and the prisoner must be discharged.

The provision in the laws of the United States, upon this…

2Cases cited1 opinion

  1. In re ConnerCalifornia Supreme Court · 1870

3Cited by7 opinions

  1. Levin v. United StatesCourt of Appeals for the Eighth Circuit · 1904
  2. State ex rel. Engelhard v. WeberSupreme Court of Minnesota · 1905
  3. United States v. SeverinoU.S. Circuit Court for the District of Northern New York · 1903
  4. In re WolfU.S. Circuit Court for the District of Middle Tennessee · 1911
  5. United States v. NechmanDistrict Court, E.D. Michigan · 1910

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