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United States v. Barber, 219 U.S. 72 (1911)
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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.
United States v. Barber, 219 U.S. 72 (1911)
United States v. Barber No. 444 Argued October 17, 18, 1910 Decided January 3, 1911 219 U.S. 72
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF IDAHO
Syllabus
On an appeal under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246, this Court can only look to the judgment which was actually entered to determine what the action of the court below was, and not to any stipulation between the parties.
The designation of a plea does not change its essential nature, and the fact that the statute of limitations is designated as a plea in abatement and not a plea in bar, is untenable.
Even if this Court has not jurisdiction under the Act of March 2, 1907, of an appeal by the United States from a judgment sustaining a plea in abatement, it has jurisdiction if the plea sustained was in fact one in bar and based solely on the statute of limitations.
United States v. Kissel, 218 U.S. 601, followed to effect that a special plea in bar, based on the statute of limitations, to an indictment for conspiracy under § 5440, Rev.Stat., containing allegations of continuance of conspiracy to the date of filing, is not permissible; that defense must be made under the general issue.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Barber, 219 U.S. 72 (1911) in 219 U.S. 72 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=PKWM56Q6QKP32BY.
MLA: U.S. Supreme Court. "Syllabus." United States v. Barber, 219 U.S. 72 (1911), in 219 U.S. 72, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PKWM56Q6QKP32BY.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Barber, 219 U.S. 72 (1911). cited in 1911, 219 U.S. 72. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=PKWM56Q6QKP32BY.
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