In the Matter of the Application of the United States of America for the Extradition of John F. Gaynor and Benjamin D. Greene; I. Judgment and Opinion of Ulric LaFontaine ... Extradition Commissioner, Committing the Fugitives for

In the Matter of the Application of the United States of America for the Extradition of John F. Gaynor and Benjamin D. Greene; I. Judgment and Opinion of Ulric LaFontaine ... Extradition Commissioner, Committing the Fugitives for

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...under Section 5440, which are contained in the first indictment, and it was evidently drawn to meet the objections which had been made to that indictment. The verdict of the jury was guilty on all the counts of both the indictments. The sentences imposed are such as could have been imposed for a violation of Sections 5438 and 5440 under the second indictment alone. A general judgment upon an indictment containing several counts and a verdict of guilty on each count cannot be reversed if any counts is good and is suificient to support the judgment; Claassen vs. United States, 142 U. S., 140; Evans vs. United States, 153 U. S., 584; and the same principle is applicable to consolidated indictments. Porter vs. United States, 91 Fed., 494; C. C. A. If there are defects in the first indictment, they are, for all practical purposes, corrected by the second indictment. Demurrers were also interposed to the second indictment, but a careful examination of it in the light of the briefs and arguments submitted discloses, we think, no substantial defect in it. One of the_grounds of demurrer was that more than three years had elapsed between the commission of the offense and the return of the indictment. This indictment in every count charged that the defendants were "persons fleeing from justice" for a period which would take the case out of the statutes. R. S. Section 1045. Besides, the defense of the statute of limitations could not be made by demurrer. United States vs. Cook, 17 Wall., 168. The defendants, of course, had the right to avail them selves of the statute of limitations by evidence under the general issue. The learned counsel for the defendants contend that the case should be reversed because of that defense. The first...show more

Product details

  • Paperback | 102 pages
  • 189 x 246 x 5mm | 195g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236821483
  • 9781236821485