United States v. Greve
District Court, E.D. Missouri
This was an indictment against E. H. G-reve for violation of section 5209, Rev. St. TJ. S. Defendant- demurs to tbe indictment.
1Opinion of the CourtPriest, District Judge
(orally). In this case I have been compelled with great haste to reach a determination upon the demurrer to the indictment. Of course, a trial judge cannot, because of the pressing nature of his duties, give the same deliberate consideration to a case that is possible for an appellate tribunal. I think, in cases of this character, however, where the court entertains a substantial doubt as to the validity of an indictment, a demurrer ought to be sustained, because the error can at such a stage of the proceedings be remedied with less cost, and much more easily, than- at any other. The…
2Cases cited1 opinion
- People v. CohenCalifornia Supreme Court · 1857
3Cited by15 opinions
- State v. FinneySupreme Court of Kansas · 1935
- Pueblo v. PérezSupreme Court of Puerto Rico · 1934
- Browning v. StateSupreme Court of Florida · 1931
- United States v. WestbrookDistrict Court, W.D. Arkansas · 1953
- White v. United StatesCourt of Appeals for the Tenth Circuit · 1933
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