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United States v. Comyns, 248 U.S. 349 (1919)
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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. Comyns, 248 U.S. 349 (1919)
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United States v. Comyns No. 235 Argued November 4, 5, 1918 Decided January 7, 1919 248 U.S. 349
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF WASHINGTON
Syllabus
A bill of particulars supplementing an indictment is no part of the record for the purpose of deciding a demurrer.
An indictment alleged a scheme to defraud divers persons, through use of the mails, by representing that certain land could be purchased by them under the Timber & Stone Act for less than its value, and that defendants would secure it for them in return for fees part payable in advance, and would refund such advance payments in case of nonsuccess, whereas the defendants well knew they could not carry out the agreement, but intended to secure the advance payments and to appropriate them to their own use.
Held:
(1) That a decision sustaining a demurrer was based upon a construction of § 215 of the Criminal Code, and was reviewable under the Criminal Appeal Act.
(2) That the indictment charged a "scheme or artifice to defraud," etc., within the meaning of said § 215.
Reversed.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," United States v. Comyns, 248 U.S. 349 (1919) in 248 U.S. 349 248 U.S. 350. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=YIS6QX3VP117ZP4.
MLA: U.S. Supreme Court. "Syllabus." United States v. Comyns, 248 U.S. 349 (1919), in 248 U.S. 349, page 248 U.S. 350. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YIS6QX3VP117ZP4.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Comyns, 248 U.S. 349 (1919). cited in 1919, 248 U.S. 349, pp.248 U.S. 350. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=YIS6QX3VP117ZP4.
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