United States v. Davis, 243 U.S. 570 (1917)

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United States v. Davis


No. 621


Submitted April 11, 1917
Decided April 23, 1917
243 U.S. 570

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE TERRITORY OF HAWAII

Syllabus

When the trial court, besides holding the indictment defective for not following the language of the statute, bases its decision also upon the ground that the statute does not apply to the facts alleged, the decision as to the latter ground is reviewable under the Criminal Appeals Act.

A deputy clerk of the district court of Hawaii who converts to his own use fees deposited by litigants to secure the payment of costs in bankruptcy and other cases is punishable under § 97 of the Penal Code.

The case is stated in the opinion.