United States v. McKee
U.S. Circuit Court for the District of Eastern Missouri
From the transcript which has been remitted to the-circuit court by the district court of the United States for the Eastern district of Missouri, it appears that at the November term, 1875, of the said district court, a grand jury found and returned an indictment against the defendant, which charged him with having conspired with certain individuals to defraud the United States of the tax on certain distilled spirits thereafter to be manufactured at designated distilleries,…
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From the transcript which has been remitted to the-circuit court by the district court of the United States for the Eastern district of Missouri, it appears that at the November term, 1875, of the said district court, a grand jury found and returned an indictment against the defendant, which charged him with having conspired with certain individuals to defraud the United States of the tax on certain distilled spirits thereafter to be manufactured at designated distilleries, situated in the city of St. Louis. [See Cases Nos. 15,6S5 and 15,686.] On this indictment— having been arrested upon…
1Opinion of the Court
DILLON. Circuit Judge.
The objection relied on is that the circuit court acquired no jurisdiction over the defendant and the case, because under the order of the district court remitting the indictment, the original indictment was never transmitted to this court, but only a certified copy thereof. It is also contended by the defendant, that if the presence of the original indictment is not a jurisdictional requisite, yet, inasmuch as the statute contemplates tnat the defendant shall be tried upon the original, and not upon a copy, he has not been legally convicted, and judgment should be…
2Cases cited9 opinions
- Bishop v. StateSupreme Court of Alabama · 1857
- Harrall v. StateSupreme Court of Alabama · 1855
- Browning v. StateMississippi Supreme Court · 1872
- Shaw v. StateSupreme Court of Alabama · 1851
- Ganaway v. StateSupreme Court of Alabama · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stone v. SargentMassachusetts Supreme Judicial Court · 1880
- United States v. DietrichU.S. Circuit Court for the District of Nebraska · 1904
- Burke v. Bunker Hill & S. Mining & Concentrating Co.U.S. Circuit Court for the District of Idaho · 1891
- Gaines v. United StatesCourt Of Appeals Of Indian Territory · 1895
- United States v. MolloyU.S. Circuit Court for the District of Eastern Missouri · 1887