Federal Statutes Annotated; Containing All the Laws of the United States, of a General, Permanent and Public Nature in Force on the First Day of Janua

Federal Statutes Annotated; Containing All the Laws of the United States, of a General, Permanent and Public Nature in Force on the First Day of Janua

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...if susceptible of a different interpretation, it is bad. Every fact necessary to constitute the crime must be directly and positively alleged, and nothing can be charged by implication or intendment. U. S. v. Philadelphia, etc., R. Co., (E. D. Pa. 1916) 232 Fed. 953. It is sufficient if the indictment charges the essential elements of the offense with such particularity as fairly to inform the defendant of what it must meet, and in the event of conviction or acquittal to enable it to plead the indictment in bar of any subsequent prosecution for the same offense. Grand Rapids, etc., R. Co. t). U. S., (C. C. A. 6th Cir. 1914) 212 Fed. 577, 129 C. C. A. 113. Joinder of defendants.--Both the corporation and its agents may be joined in an indictment for violating the provisions of this Act. New York Cent., etc., R. Co. v. U. S., (1909 ) 212 U. S. 481, 29 S. Ct 304, 53 U. S. (L. ed.) 613. Naming agents.--It is not essential that an indictment against a carrier under this Act should name or describe the agent or agents through whom an alleged illegal act was done. The insertion of the word "knowingly" in the statute does not entitle a defendant to be informed, in the indictment, of the name or description of the agent or agents whose knowledge the defendant is to be charged with, since having been informed of all the essential facts it is within the defendant's power to ascertain from its own agents which of them, if any, committed the unlawful acts. U. S. v. Erie R. Co., (D. C. N. J. 1915) 222 Fed. 444. Knowingly.--The insertion of the word "knowingly" in the above provision in the clause making the offering, etc., of rebates a misdemeanor, does not make it necessary that indictments subsequently found for violations of the Act of...show more

Product details

  • Paperback | 804 pages
  • 189 x 246 x 41mm | 1,406g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236585283
  • 9781236585288