Post v. United States

At June term, 1894, of the district court for the district of Minnesota, held at St. Paul, in the Third division of the district, the grand jury for the district presented, on July 20, 1894, two indictments against George W. Post, under section 5493 of the Revised Statutes, for subornation of perjury on February 3, 1894, at Duluth, in the Fifth division.

To each indictment the defendant pleaded not guilty, with leave to withdraw his plea at October term, 1894, held at St. Paul, to which the cases were continued. At that term he withdrew his plea, and demurred to each indictment for want of jurisdiction in the court to take cognizance of the matters and things therein set forth, because the offenses were alleged to have been committed in the Fifth division of the district, and the indictment was found and presented at a term held at St. Paul, in the district and outside of that division. The demurrer was overruled, the defendant pleaded not guilty to each indictment, the two cases were consolidated by order of the court for trial, the jury returned verdicts or guilty; the defendant moved in arrest of judgment for want of jurisdiction in the court to try him upon the indictments, the motion was overruled, and the defendant was sentenced to be imprisoned three years in the penitentiary and to pay a fine of $2,000, and sued out this writ of error.

By stipulation in writing of counsel, it was agreed that there should be added to the record, as if in obedience to a writ of certiorari for diminution thereof, an order of the district court directing the record to be amended by setting forth the following facts: The grand jury for the district of Minnesota at June term, 1894, was duly impaneled, July 5, 1894, and then entered upon the discharge of its duties for the entire district of Minnesota, and was continuously in session from that day to and including July 20, 1894, and on this last day returned these two indictments, and made its final report, and was discharged by the court. All the persons whose names were indorsed upon the indictments were duly summoned in these cases before the grand jury prior to July 5, 1894, and obedience to such summons were in actual attendance upon the court prior to July 12, 1894.

James K. Redington, for plaintiff in error.

Asst. Atty. Gen. Dickinson, for defendant in error.

Mr. Justice GRAY, after stating the case, delivered the opinion of the court.