Legal Opinion

MacKin v. United States

Supreme Court of the United States

Decided March 29, 1886No. 924PublishedCited by 185 opinions

CERTIFICATE OF DIVISION IN OPINION FROM THE .CIRCUIT COURT ■ OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. ■ This was an information filed by the District Attorney on January 20, 1885, in the District Court of the United States for the Northern District of Illinois, on § 5440 of the Revised Statutes, which is as follows: “If two or more persons conspire, either to commit any offence against the United States, or to defraud the United States in any manner or for…

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CERTIFICATE OF DIVISION IN OPINION FROM THE .CIRCUIT COURT ■ OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. ■ This was an information filed by the District Attorney on January 20, 1885, in the District Court of the United States for the Northern District of Illinois, on § 5440 of the Revised Statutes, which is as follows: “If two or more persons conspire, either to commit any offence against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such…

1Opinion of the CourtJustice Guay

In Ex parte Wilson, 114 U. S. 411, it was adjudged by this court, upon full consideration, thát a crime punishable by imprisonment for a term of years at hard labor was an infamous crime, within the meaning of the Fifth Amendment of the Constitution of the United States, which declares that “No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury; ” and therefore could not be prosecuted by information in any court of the United States.

The reasons for that judgment, without undertaking to recapitulate them in detail, or…

2Cases cited5 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. Kurtz v. MoffittSupreme Court of the United States · 1885
  3. United States v. WaddellSupreme Court of the United States · 1884
  4. Ex Parte KarstendickSupreme Court of the United States · 1876
  5. The LauraSupreme Court of the United States · 1885

3Cited by185 opinions

  1. Branzburg v. HayesSupreme Court of the United States · 1972
  2. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  3. Weems v. United StatesSupreme Court of the United States · 1910
  4. Ex Parte BainSupreme Court of the United States · 1887
  5. Wong Wing v. United StatesSupreme Court of the United States · 1896

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