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Kirby v. United States, 174 U.S. 47 (1899)
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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.
Kirby v. United States, 174 U.S. 47 (1899)
Kirby v. United States No. 164 Argued January 20, 1899 Decided April 11, 1899 174 U.S. 47
ERROR TO THE DISTRICT COURT OF THE UNITED
STATES FOR THE DISTRICT OF SOUTH DAKOTA
Syllabus
On the trial of a person charged with feloniously receiving and having in his possession with intent to convert them to his own use postage stamps which had been feloniously stolen, taken, and carried away from a post office by three persons named, although the person so receiving them well knew that the same had been so feloniously taken, stolen and carried away, the judgment convicting the said three persons of stealing the said stamps was received in evidence against the accused under the provision in the Act of March 3, 1875, c. 144, § 2, that such judgment "shall be conclusive evidence against said receiver, that the property of the United States therein described has been embezzled, stolen or purloined." The accused having been convicted, and the case brought here by writ of error, held that that provision of the statute violates the clause of the Constitution of the United States declaring that in all criminal prosecutions, the accused shall be confronted with the witnesses against him, and that the judgment must be reversed.
The contention by the defendant that the indictment is defective in that it does not allege ownership by the United States of the stolen articles of property at the time that they were alleged to have been feloniously received by him is without merit.
The objection that the indictment does not show from whom the accused received the stamps, nor state that the name of such person was unknown to the grand jurors, is not well taken.
The case is stated in the opinion of the Court.
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Chicago: U.S. Supreme Court, "Syllabus," Kirby v. United States, 174 U.S. 47 (1899) in 174 U.S. 47 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=MJSH9DPYW8B9LU5.
MLA: U.S. Supreme Court. "Syllabus." Kirby v. United States, 174 U.S. 47 (1899), in 174 U.S. 47, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MJSH9DPYW8B9LU5.
Harvard: U.S. Supreme Court, 'Syllabus' in Kirby v. United States, 174 U.S. 47 (1899). cited in 1899, 174 U.S. 47. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=MJSH9DPYW8B9LU5.
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