Legal Opinion

United States v. Sanche

United States Circuit Court

Decided June 22, 1881PublishedCited by 15 opinions

Motion to Quash. The indictment alleges that the defendants— “ Did conspire, combine, confederate, and agree together, between and among themselves, to plunder certain goods and merchandise, a more particular description of which said goods and merchandise being to the grand jurors aforesaid unknown, then and there belonging to the steam-boat City of Vicksburg, the said steam-boat being then and there wrecked and in distress on the waters of the Mississippi river, within the…

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Motion to Quash. The indictment alleges that the defendants— “ Did conspire, combine, confederate, and agree together, between and among themselves, to plunder certain goods and merchandise, a more particular description of which said goods and merchandise being to the grand jurors aforesaid unknown, then and there belonging to the steam-boat City of Vicksburg, the said steam-boat being then and there wrecked and in distress on the waters of the Mississippi river, within the admiralty and maritime jurisdiction of the United States, while engaged in commerce and navigation on the said river,…

1Opinion of the Court

Hammond, D. J.

This is an indictment under Bev. St. § 5440, for a conspiracy to commit the offence denounced by Bev. St. § 5358, and the defendants move to quash it on two grounds. The first is that section 5440 does not make it indictable to conspire to commit a trespass against private persons or private property, although such trespass may be a violation of the criminal laws of the United States, but only punishes frauds against the government of the United States, and such offences as are aimed at it by obstructing its operations or otherwise injuring it in its property or other rights.…

2Cases cited3 opinions

  1. United States v. DonauU.S. Circuit Court for the District of Southern New York · 1873
  2. United States v. BoydenU.S. Circuit Court for the District of Massachusetts · 1868
  3. United States v. FehrenbackU.S. Circuit Court for the District of Louisiana · 1875

3Cited by15 opinions

  1. State v. LessWest Virginia Supreme Court · 1982
  2. United States v. Robert S. Falcone, Sandra S. FalconeCourt of Appeals for the Eleventh Circuit · 1991
  3. People v. GeorgeCalifornia Court of Appeal · 1925
  4. Houston v. United StatesCourt of Appeals for the Ninth Circuit · 1914
  5. United States v. BensonCourt of Appeals for the Ninth Circuit · 1895

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