United States v. Carll
Supreme Court of the United States
Certificate of division in opinion between the judges of the Circuit Court of the United States for the Southern’ District of New York.
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Certificate of division in opinion between the judges of the Circuit Court of the United States for the Southern’ District of New York. This was an indictment, found in the Circuit Court, on sect. 5431 of the Revised Statutes, by which it is enacted that “/■every person who, with intent to defraud, passes, utters, publishes, or sells any falsely itiade, forged, counterfeited, or altered obligation or other security of the United States, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than fifteen years.” Each count of the…
1Opinion of the CourtJustice Gray
In an indictment upon a statute, it is not, sufficient to set forth the offence in the words of the statute, unless those words of themselves fully, directly, and expressly, without any uncertainty or ambiguity, set forth all the elements necessary to constitute the offence intended to be-punished; and the fact that the statute in question, read in the light of the common law, and of other statutes on the like matter, enables the court to infer the intent of the legislature, does not dispense with the necessity of alleging in the indictment all the facts necessary to bring the case within…
2Cases cited3 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- United States v. HowellSupreme Court of the United States · 1871
- Commonwealth v. FilburnMassachusetts Supreme Judicial Court · 1876
3Cited by439 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- Hamling v. United StatesSupreme Court of the United States · 1974
- Russell v. United StatesSupreme Court of the United States · 1962
- United States v. HaldemanCourt of Appeals for the D.C. Circuit · 1976
- Burton v. United StatesSupreme Court of the United States · 1906
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