Ledbetter v. United States

This was a writ of error to review the conviction of the plaintiff in error to review the conviction found against him by the grand jury for the Southern district of Iowa, April 28, 1896, for a violation of section 16 of the act of February 8, 1875 (18 Stat. 307), in carrying on the business of a retail dealer in liquors without the payment of the special tax repuired by law.

Defendant was convicted upon the first count in the indictment, which reads as follows:

'The grand jurors of the United States of America duly impaneled, sworn, and charged to inquire in and for the body of said Southern district of Iowa, at a term of the United States district court begun and held at Keokuk, in said district, on the 14th day of April, A. D. 1896, in the name and by the authority of the United States of America, upon their oaths do find and present that Lewis Ledbetter, late of said district, heretofore, to wit, on the ___ day of April, A. D. 1896, in the county a Appanoose, in the Southern district of Iowa, and within the jurisdiction of this court, did then and there willfully, unlawfully, and feloniously carry on the business of a retail liquor dealer without having paid the special tax therefor, as required by law, contrary to the statute in such case made and provided, and against the peace and dignity of the United States of America.'

After his conviction defendant moved for an arrest of judgment upon the insufficiency of the indictment. This motion was overruled, and the defendant sentenced to pay a fine of $250 and costs of prosecution.

Defendant thereupon sued out a writ of error from this court, assigning as error that the indictment did not state facts constituting an offense against the laws of the United States, (1) because it did not set forth that the defendant sold or offered for sale foreign or domestic spirituous or malt liquors otherwise than as provided by law; (2) that he was not informed with sufficient particularity as to the time and place and means so as to apprise him of the crime of which he was charged; and (3) that the indictment did not allege that any crime had been committed at a date prior to the finding of the indictment.

H. Scott Howell and W. C. Howell, for plaintiff in error.

Asst. Atty. Gen. Boyd, for the United States.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.