United States v. McLeod
U.S. Circuit Court for the District of Northern Alabama
The third count of the indictment is the only count insisted on, and ■reads as follows: “And the grand jurors aforesaid upon their oaths aforesaid do further present that on the 20th day of June, 1900, a case came on for hearing before G. B. Randolph, a United States commissioner for the Northern district of Alabama, to wit, the case of the United States against A. N. McLeod on a •charge of violating section 5440 of the Revised Statutes of the United States [U. S. Comp.
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The third count of the indictment is the only count insisted on, and ■reads as follows: “And the grand jurors aforesaid upon their oaths aforesaid do further present that on the 20th day of June, 1900, a case came on for hearing before G. B. Randolph, a United States commissioner for the Northern district of Alabama, to wit, the case of the United States against A. N. McLeod on a •charge of violating section 5440 of the Revised Statutes of the United States [U. S. Comp. St. 1001, p. 3676], and that on the final hearing of said cause the said G. B. Randolph, as such United States commissioner…
1Opinion of the CourtJones, District Judge
(after stating the facts as above). The first clause of section 5399 of the Revised Statutes [U. S. Comp. St. 1901, p. 3656] deals with “endeavors to influence, intimidate, or impede, any witness or officer, in any court of the United States, in the discharge of his duty.” It is the discharge of duty which this clause seeks to protect. There can be no discharge of duty, to be influenced in any way, when there is no duty to be performed. Neither a duty discharged in the past, nor the motives which induced it, can,.in the nature of things, legal or moral, be recalled or influenced in any wise…
2Cases cited2 opinions
- Pettibone v. United StatesSupreme Court of the United States · 1893
- Todd v. United StatesSupreme Court of the United States · 1895
3Cited by11 opinions
- United States v. PerlsteinCourt of Appeals for the Third Circuit · 1942
- United States v. Herbert A. Howard and Elmer Gary RitterCourt of Appeals for the Fifth Circuit · 1978
- United States v. Eddie W. JacksonCourt of Appeals for the D.C. Circuit · 1975
- People v. OrmsbyMichigan Supreme Court · 1945
- United States v. ScoratowDistrict Court, W.D. Pennsylvania · 1956
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