United States v. Reichert
United States Circuit Court
After the demurrer to tbe plea in abatement in tbe case of United Staten v. Benson, 81 Fed. Rep. 896, and several other similar cases, including the above, was sustained, and the defendants ordered to plead to tbe indictments, the defendants filed a demurrer to the indictments, and tbe demurrer to the indictment in tbe above case was argued. The indictments in the other eases (14 in all) are substantially alike, with the exception of the fourth count, hereafter mentioned.
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After the demurrer to tbe plea in abatement in tbe case of United Staten v. Benson, 81 Fed. Rep. 896, and several other similar cases, including the above, was sustained, and the defendants ordered to plead to tbe indictments, the defendants filed a demurrer to the indictments, and tbe demurrer to the indictment in tbe above case was argued. The indictments in the other eases (14 in all) are substantially alike, with the exception of the fourth count, hereafter mentioned. Each indictment has four counts. The first count alleges that Theodore Reichert and the other defendants who are named,…
1Opinion of the Court
On the twenty-ninth of August the court gave its decision on the demurrer, per
Mr. Justice Field,
orally, as follows:
We have had under consideration the demurrers to the several indictments against Reichert et al., for a conspiracy to defraud the United States, or to commit some other offense against the United States, and we have come to the conclusion that all the indictments are fatally defective. The first and second counts in the indictment in the above case allege a conspiracy to commit an offense against the United States, but do not allege the performance of any act in furtherance of…
2Cases cited1 opinion
- State v. LongleyIndiana Supreme Court · 1858
3Cited by7 opinions
- Hewitt v. United StatesCourt of Appeals for the Eighth Circuit · 1940
- United States v. GreeneDistrict Court, S.D. Georgia · 1902
- United States v. PattersonDistrict Court, S.D. Ohio · 1912
- United States v. PattenU.S. Circuit Court for the District of Southern New York · 1911
- People v. LantermanCalifornia Court of Appeal · 1909
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