Legal Opinion

United States v. Keitel

Supreme Court of the United States

Decided December 14, 1908No. 286PublishedCited by 93 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR • THE DISTRICT OF COLORADO. The facts are stated in the opinion. The charge against defendants of conspiracy to defraud the United States is specifically made a crime by § 5440, Rev. Stat. Arguments that, because the coal .land laws do not expressly make it a crime for an individual to obtain lands in excess of the designated quantity, it is not criminal to do so, are fallacious.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR • THE DISTRICT OF COLORADO. The facts are stated in the opinion. The charge against defendants of conspiracy to defraud the United States is specifically made a crime by § 5440, Rev. Stat. Arguments that, because the coal .land laws do not expressly make it a crime for an individual to obtain lands in excess of the designated quantity, it is not criminal to do so, are fallacious. Those laws furnish an occasion for conspiracy to defraud under § 5440, just as other laws and departmental regulations furnish the occasion for crimes under…

1Opinion of the CourtJustice White

The United States prosecutes this writ of error upon the. assumption that the decision of the District Court, was based upon an erroneous construction of the statutes upon which the indictment was founded, and therefore, by virtue of the act of March 2, 1907, c. 2564 (34 St'at. 1246 1 ), the right ob tained to review the decision by writ of error direct from this court.

The indictment contained two counts. Without quoting them fully, it suffices to say, for the . purposes of the questions which we are called upon to decide, if we have authority to decide them, that the first count charged that…

2Cases cited5 opinions

  1. Hyde v. ShineSupreme Court of the United States · 1905
  2. Dealy v. United StatesSupreme Court of the United States · 1894
  3. United States v. BuddSupreme Court of the United States · 1892
  4. United States v. HirschSupreme Court of the United States · 1879
  5. United States v. Trinidad Coal & Coking Co.Supreme Court of the United States · 1890

3Cited by93 opinions

  1. United States v. Borden Co.Supreme Court of the United States · 1939
  2. United States v. OppenheimerSupreme Court of the United States · 1916
  3. United States v. KisselSupreme Court of the United States · 1910
  4. United States v. SissonSupreme Court of the United States · 1970
  5. Crawford v. United StatesSupreme Court of the United States · 1909

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