Legal Opinion

United States v. DeWalt

Supreme Court of the United States

Decided November 19, 1888No. 81PublishedCited by 30 opinions

APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT OF TOE TERRITORY OF WYOMING. This was an appeal from a judgment on an application for a writ of habeas corpus, discharging the prisoner. The case is stated in the opinion of the court.

1Opinion of the CourtChief Justice Fuller

DeWalt, the appellee, was tried and convicted, upon an information of the crime of embezzlement and making false entries as the president of a national bank, in violation of § 5209 of the Eevised Statutes, and sentenced and committed to the penitentiary for ten years. This section prescribes the punishment of imprisonment for not less than five nor more than ten years, which imprisonment may be ordered to be executed in a state jail or penitentiary. Eev. Stat. § 5541. Appellee was subsequently discharged on habeas corpus upon the ground that the crime in question was an infamous crime, for…

2Cases cited1 opinion

  1. MacKin v. United StatesSupreme Court of the United States · 1886

3Cited by30 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. MedleySupreme Court of the United States · 1890
  3. In Re ClaasenSupreme Court of the United States · 1891
  4. Mulloney v. United StatesCourt of Appeals for the First Circuit · 1935
  5. Huffman v. AlexanderOregon Supreme Court · 1952

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