Miller v. United States
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from judgments of the Supreme Court of the District of Columbia, on consolidated indictments, convicting him of embezzlement and of taking away certain books with intent to injure and defraud another.
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Hearing on an appeal by the defendant from judgments of the Supreme Court of the District of Columbia, on consolidated indictments, convicting him of embezzlement and of taking away certain books with intent to injure and defraud another. The Court in the opinion stated the facts as follows: This is an appeal from judgments upon verdict in the supreme court of the District under two consolidated indictments charging J. Barton Miller, defendant, appellant here, with embezzlement and with violating sec. 840 of the Code [31 Stat. at L. 1326, chap. 854] by taking away certain books with intent to…
1Opinion of the CourtJustice Robb
We will first consider the question whether the trial court was possessed with jurisdiction over the case when it entered the orders forming the basis of this assignment of error. Under the great weight of aiithority, we think it clear that, at common law, power to suspend sentence after conviction was inherent in all superior courts of criminal jurisdiction. In Com. v. Dowdican, 115 Mass. 133, Chief Justice Gray, speaking for the court, said: “It has long been a common practice in this Commonwealth, after verdict of guilty in a criminal caso, when the court is satisfied that, by reason of…
2Cases cited27 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Mattox v. United StatesSupreme Court of the United States · 1895
- United States v. WilsonSupreme Court of the United States · 1833
- Crawford v. BurkeSupreme Court of the United States · 1904
- United States v. LacherSupreme Court of the United States · 1890
22 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. HaldemanCourt of Appeals for the D.C. Circuit · 1976
- Bracey v. United StatesCourt of Appeals for the D.C. Circuit · 1944
- State Ex Rel. Sonner v. ShearinCourt of Appeals of Maryland · 1974
- Witters v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- United States v. Harry R. Haldeman, United States of America v. John D. Ehrlichman, United States of America v. John N. Mitchell, United States of America v. Harry R. Haldeman and John D. Ehrlichman, Nos. 75-1381, 75-1382, 75-1384 and 76-1441.united States Court of Appeals, District of Columbia CircuitCourt of Appeals for the D.C. Circuit · 1977
4 more not listed; retrieve them via the Exa API.