United States v. Simmons

CERTIFICATE of division between the judges. of the Circuit Court of the United States for the Eastern District of New York.

Simmons was indicted in the Circuit Court of the United States for the Eastern District of New York for violating sects. 3258, 3259, 3266, and 3281 of the Revised Statutes of the United States. The indictment contained four counts, the second of which was drawn under sect. 3266, and the fourth under sect. 3281. It is as to the sufficiency of these counts that the case comes here on certificate of division in opinion.

The facts are fully stated in the opinion of the court.

The Solicitor-General, for the United States, cited United States v. Mills, 7 Pet. 138; United States v. Cook, 17 Wall. 168; United States v. Cruikshank et al., 92 U.S. 542.

Mr. Benjamin F. Tracy, for the defendant, cited Lipe v. Becker, 1 Den. (N. Y.) 568; United States v. Clark, 1 Gall. 497; Whart. Crim. Law, 285, 294, 300, 304, 366, 369, 372, 382, 2705; 1 Archb. Crim. Pr. & Pl. 86, note 2; id. 88; United States v. Mills, 7 Pet. 138; People v. Wilbur, 4 Park (N. Y.), Cr. 19; Ewright v. People, 21 How. (N. Y) Pr. 383; People v. Allen, 5 Den. (N. Y.) 76; 1 Hale, P. C. 517, 526, 535; United States v. Pond, 2 Curt. 265; 1 Bishop, Crim. Proc. 141, 372; United States v. Bentilini, 15 Int. Rev. Rec. 32; United States v. Howard, 1 Sawyer, 507; United States v. States, 8 How. 41; United States v. Rood, 1 Low. 232; United States v. Cruikshank et al., 92 U.S. 542; People v. Gaige, Green, Cr. L. R. 524; United States v. Watkins, 3 Cranch C. C. 441; People v. Gates, 13 Wend. (N. Y.) 311; United States v. Thomas, 4 Ben. 370; State v. Jackson, 39 Conn. 299; United States v. Claflin, 13 Blatchf. 178; The Emily, 9 Wheat. 381; United States v. Gooding, 12 id. 460; Fillinger v. The People, 15 Abb. (N. Y.) Pr. 128; United States v. Fox, 1 Low. 199.

MR. JUSTICE HARLAN delivered the opinion of the court.