United States v. Clark
District Court, M.D. Pennsylvania
Rule to Quash Indictment. See 121 Fed. 190.
1Opinion of the Court
ARCHBALD, District Judge.
The caption is wrong, but that is amendable. The indictment was found at the June term last at Williamsport, and the title should show it. The statement therein that it was found in October, 1902, is a mistake of the draftsman, due no doubt to the idea that it was to stand as an amended and not as an original indictment. But the records of the court show the time, and by them it can now be corrected. 10 Enc. Plead. & Prac. 425. There are other defects, however, which are more serious.
The first and third counts are good, and so is the last. The joinder of the latter is…
2Cases cited3 opinions
- In Re HenrySupreme Court of the United States · 1887
- United States v. LoringDistrict Court, N.D. Illinois · 1884
- United States v. MartinDistrict Court, W.D. South Carolina · 1886
3Cited by5 opinions
- Stillman v. United StatesCourt of Appeals for the Ninth Circuit · 1949
- United States v. McConnellDistrict Court, E.D. Pennsylvania · 1923
- State v. HarknessWashington Supreme Court · 1938
- United States v. BogyDistrict Court, W.D. Tennessee · 1936
- United States v. McVickarU.S. Circuit Court for the District of Southern New York · 1908