Ontai v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Territory of Hawaii. Criminal prosecution against Carl Ontai. Judgment of conviction, and defendant brings error.
Read the full summary
In Error to the District Court of the United States for the Territory of Hawaii. Criminal prosecution against Carl Ontai. Judgment of conviction, and defendant brings error. The plaintiff in error was convicted under an indictment which charged that he "did feloniously, willfully, and knowingly purchase from Wyatt L. Clay, then and there being a soldier employed in the military service of the United States, he, the said Wyatt L. Clay, not having the lawful right to sell the same, certain public property of the said United States of America, to wit, one shirt, of the value of $2.50.” The…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] Error is assigned to the refusal of the court to instruct the jury to acquit the plaintiff in error on the ground that the property which he purchased of the soldier had been allowed to the latter under a clothing allowance, whereby it became his individual private property, held *312by him subject only to his contract with the United States not to dispose of the same, but with a tenure which permitted another to purchase the same without incurring any penalty for violation of the statute, and it is contended that the indictment having charged the purchase…
2Cases cited4 opinions
- United States v. HartDistrict Court, N.D. Illinois · 1906
- United States v. KoplikU.S. Circuit Court for the District of Southern New York · 1907
- United States v. MichaelDistrict Court, W.D. Texas · 1907
- United States v. SmithU.S. Circuit Court for the District of Western Washington · 1907
3Cited by3 opinions
- Bolland v. United StatesCourt of Appeals for the Fourth Circuit · 1916
- Imperial Life Ins. v. NewcombCourt of Appeals for the Eighth Circuit · 1894
- United States v. On TaiDistrict Court, D. Hawaii · 1910