Wilson v. United States

I regret that I am not able to concur with the opinion to which the majority adheres. I differ from them but on one point; but regrettably, that point is vital to the case. The prosecution rests on a violation of the provisions of section 240, title 18 USCA. I am not able to avoid the conclusion that section 240, supra, does not cover the facts charged, or proved, in this prosecution.

It is so well-settled as to require no citation of cases, that there are no common-law crimes under the federal criminal law; so as a corollary, it follows, that before any person can be convicted of an alleged…