McKelvey v. United States, 260 U.S. 353 (1922)
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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.
McKelvey v. United States, 260 U.S. 353 (1922)
McKelvey v. United States No. 106 Argued November 21, 1922 Decided December 4, 1922 260 U.S. 353
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. An indictment founded on a general statutory provision defining the offense need not negative the matter of an exception made by a proviso or other distinct clause, whether in the same section or elsewhere. P. 356.
2. The third section of the Act of February 25, 1885, c. 149, 23 Stat. 321, providing that
no person, by force, threat, intimidation or by any fencing or enclosing, or any other unlawful mean, . . . shall prevent or obstruct free passage or transit over or through the public lands
applies to transient acts of force and intimidation as well a continuing obstacles such as a fence or the maintenance of an armed patrol. P. 357.
3. Punishment for offenses defined by the above act is not confined by the fourth section to persons acting as "owner, part owner or agent." P. 357.
4. Congress has power to punish intentional obstruction to free passage over the public lands within a state accomplished by acts of violence, and its exercise works no interference with the power of the state to punish the acts of violence as such. P. 358.
273 F. 410 affirmed.
Certiorari to a judgment of the circuit court of appeals affirming a conviction in the district court under an indictment for unlawful prevention and obstruction of free passage over the public lands.
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Chicago: U.S. Supreme Court, "Syllabus," McKelvey v. United States, 260 U.S. 353 (1922) in 260 U.S. 353 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=G1SWZSV4EH6CWTY.
MLA: U.S. Supreme Court. "Syllabus." McKelvey v. United States, 260 U.S. 353 (1922), in 260 U.S. 353, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=G1SWZSV4EH6CWTY.
Harvard: U.S. Supreme Court, 'Syllabus' in McKelvey v. United States, 260 U.S. 353 (1922). cited in 1922, 260 U.S. 353. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=G1SWZSV4EH6CWTY.
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