Legal Opinion

United States v. Hutto

Supreme Court of the United States

Decided June 1, 1921No. 1; 691PublishedCited by 43 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF OKLAHOMA. The case is stated in the opinion. Under § 2124, Rev. Stats., which is synonymous with § 2078 as to punishment, there is no other alternative than a civil action by the United States to recover all penalties accruing under offenses committed under the title of Indians, including §2078. United States v. Payne, 22 Fed.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF OKLAHOMA. The case is stated in the opinion. Under § 2124, Rev. Stats., which is synonymous with § 2078 as to punishment, there is no other alternative than a civil action by the United States to recover all penalties accruing under offenses committed under the title of Indians, including §2078. United States v. Payne, 22 Fed. Rep. 426; In re Seagraves, 4 Oklahoma, 422. Section 2078 applies only to Indians who are wards of the Government and whose lands are restricted and does not apply to Indians who have received…

1Opinion of the CourtJustice Pitney

This writ of error was brought under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246, to .review a judgment of the District Court sustaining demurrers to an indictment under §37, Criminal Code, charging a conspiracy to violate § 2078, Rev. Stats., and overt acts done to effect the object of th conspiracy.

Section 37 prescribes: “If two or more persons conspire either to commit any offense 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, each of the…

2Cases cited3 opinions

  1. Pettibone v. United StatesSupreme Court of the United States · 1893
  2. United States v. RabinowichSupreme Court of the United States · 1915
  3. United States v. StevensonSupreme Court of the United States · 1909

3Cited by43 opinions

  1. Marino v. United StatesCourt of Appeals for the Ninth Circuit · 1937
  2. The United States of America v. Benjamin Levinson, Franklin Mortgage Corporation, Edward P. Strang, Jr., Ross HowardCourt of Appeals for the Sixth Circuit · 1968
  3. United States v. Andrew J. LoneyCourt of Appeals for the Fifth Circuit · 1992
  4. Ewert v. BluejacketSupreme Court of the United States · 1922
  5. United States v. Robert S. Falcone, Sandra S. FalconeCourt of Appeals for the Eleventh Circuit · 1991

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