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Breese v. United States, 226 U.S. 1 (1912)
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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.
Breese v. United States, 226 U.S. 1 (1912)
Breese v. United States No. 476 Argued October 15, 1912 Decided October 28, 1912 226 U.S. 1
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
An indictment duly found by the federal grand jury, while in session in a room adjoining the court room with a door opening into the court room, and which is presented in the manner prescribed by the law of the state to the presiding judge in open court while the jurors are still in session and able to see the actions of the foreman, is not void because the grand jury did not in a body accompany the foreman into the court room.
An objection that an indictment was not, under such circumstances, duly presented and publicly delivered, should be taken at the first opportunity, and is lost by failure to do so; nor is it saved by permission given, when pleading not guilty, to take advantage upon motion in arrest of judgment of all matters that can be availed of on motion to quash or demurrer.
An order of the court saving rights to one pleading to an indictment does not create new rights.
Section 1025, Rev.Stat., indicates a policy that technical objections to an indictment not presented at the first opportunity are waived and should be construed as extending to the objection raised in this case, the same not being based on a constitutional right.
The facts, which involve the validity of an indictment for conspiracy under § 5440, Rev.Stat., are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Breese v. United States, 226 U.S. 1 (1912) in 226 U.S. 1 226 U.S. 7. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=8ABGNL7IGT3WZWJ.
MLA: U.S. Supreme Court. "Syllabus." Breese v. United States, 226 U.S. 1 (1912), in 226 U.S. 1, page 226 U.S. 7. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=8ABGNL7IGT3WZWJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Breese v. United States, 226 U.S. 1 (1912). cited in 1912, 226 U.S. 1, pp.226 U.S. 7. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=8ABGNL7IGT3WZWJ.
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