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Hammerschmidt v. United States, 265 U.S. 182 (1924)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hammerschmidt v. United States, 265 U.S. 182 (1924)
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Hammerschmidt v. United States No. 254 Argued April 29, 30, 1924 Decided May 26, 1924 265 U.S. 182
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
1. Section 37 of the Criminal Code (Rev.Stats., § 5440) punishing conspiracy " to defraud the United States in any manner or for any purpose," does not embrace a conspiracy to defeat the purpose of the Selective Draft Act by inducing persons to refuse to register under it. P. 185.
2. To "defraud" the United States means to cheat the government out of property or money, or to interfere with or obstruct one of its lawful governmental functions by deceit, craft, or trickery, or at least by means that are dishonest. P. 188.
3. But mere open defiance of the governmental purpose to enforce a law by urging those subject to it to disobey it is not a "fraud" in this sense. Id.Haas v. Henkel, 216 U.S. 462, explained; Horman v. United States, 116 F. 350, limited.
287 F. 817 reversed.
Certiorari to review a judgment of the circuit court of appeals affirming a conviction and sentence in a prosecution for conspiracy to defraud the United States by dissuading persons, by handbills, etc., from registering for military service
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Chicago: U.S. Supreme Court, "Syllabus," Hammerschmidt v. United States, 265 U.S. 182 (1924) in 265 U.S. 182 265 U.S. 185. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=7HYZIX5Z619EL1R.
MLA: U.S. Supreme Court. "Syllabus." Hammerschmidt v. United States, 265 U.S. 182 (1924), in 265 U.S. 182, page 265 U.S. 185. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7HYZIX5Z619EL1R.
Harvard: U.S. Supreme Court, 'Syllabus' in Hammerschmidt v. United States, 265 U.S. 182 (1924). cited in 1924, 265 U.S. 182, pp.265 U.S. 185. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=7HYZIX5Z619EL1R.
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