United States v. Keitel
District Court, D. Colorado
On Motion to Quash Indictment. The indictment, in its first count, charges that the defendant F. W. Keitel, ■and his 10 codefendants, on June 11, 1904, in the county of Garfield, in the county of Routt, in the county of Denver, and within the district of Colorado, did unlawfully, etc., conspire, etc., together and with divers persons, some of whom are named and! some whose names are to the grand jurors unknown, to make false, fictitious, feigned, illegal, forged, and…
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On Motion to Quash Indictment. The indictment, in its first count, charges that the defendant F. W. Keitel, ■and his 10 codefendants, on June 11, 1904, in the county of Garfield, in the county of Routt, in the county of Denver, and within the district of Colorado, did unlawfully, etc., conspire, etc., together and with divers persons, some of whom are named and! some whose names are to the grand jurors unknown, to make false, fictitious, feigned, illegal, forged, and fraudulent entries and filings, and to induce, persuade, procure, and hire divers other persons called “entrymen” and mentioned…
1Opinion of the Court
*401First Count.
LEWIS, District Judge
(after stating the facts as above). The indictment, in the first count, attempts to charge a conspiracy under section 5440, Rev. St. [U. S. Comp. St. 1901, p. 3676]. That section and the act of March 3, 1873, known as the “Coal Land Act,” will require consideration. Act March 3, 1873, c. 279, 17 Stat. 607 [U. S. Comp. St. 1901, p. 1440]. The indictment shows that the entries were what are commonly called “cash entries,” made under the first section of that act, and not what are known as preferential entries provided for under sections 2 and 3 of the act. The…
2Cases cited24 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
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- United States v. EatonSupreme Court of the United States · 1892
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