United States v. Williams, 14166.
| Decision Date | 30 April 1953 |
| Docket Number | No. 14166.,14166. |
| Parties | UNITED STATES v. WILLIAMS et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Bradford F. Miller, Asst. U. S. Atty., and Charles F. Herring, U. S. Atty., San Antonio, Tex., for appellant.
Archie S. Brown, Leonard Brown and Louis W. Schlesinger, San Antonio, Tex., H. M. Bellinger, San Antonio, Tex., for appellee Noral Williams.
Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.
The federal statute of jeofails, R.S. 1025, 18 U.S.C. § 556, was repealed by section 21 of the New Criminal Code that became effective on September 1, 1948. A similar remedial statute, 28 U.S.C. § 391, second sentence, directed to appellate federal courts, was repealed by section 39 of the Judicial Code that became effective on September 1, 1948. Rule 52(a) of the Federal Rules of Criminal Procedure, 18 U.S.C., preserved the law as it existed under those statutes. A similar provision is found in Rule 61 of the Federal Rules of Civil Procedure, 28 U.S.C. Said Rule 52(a) is as follows: "Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded;" but under paragraph (b) of said rule plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court. Said Rule 61 is a combination of the harmless error statute, 28 U.S.C. § 391, and 28 U.S.C. § 777, R.S. 954, with modifications. See McCandless v. United States, 298 U.S. 342, 56 S.Ct. 764, 80 L.Ed. 1205.
While procedural rules have superseded the above statutes, and forms of pleadings have been altered or abolished in a number of instances, the substance of common law pleading in criminal prosecutions has not been abolished. Pleas, demurrers and motions to quash the indictment, are abolished except pleas of guilty, not guilty, and nolo contendere, but the same defenses may be raised before trial by motions as provided in the rules of criminal procedure. The indictment must contain a definite statement of the essential facts constituting the offense charged. An indictment in the language of the statute is ordinarily sufficient, the only exception being where the statute includes by implication an essential element of the offense.
An indictment may be defective without being void. Defenses based on defects in the indictment other than that it fails to show jurisdiction in the court or to charge an offense may be raised only by motion...
To continue reading
Request your trial
-
U.S. v. Baytank (Houston), Inc.
...72 (5th Cir.1975), cert. denied sub nom. Meyer v. United States, 426 U.S. 948, 96 S.Ct. 3168, 49 L.Ed.2d 1185 (1976); United States v. Williams, 203 F.2d 572 (5th Cir.), cert. denied, 346 U.S. 822, 74 S.Ct. 37, 98 L.Ed. 347 (1953)). This requirement is embodied in Rule 12(b)(2) of the Feder......
-
United States v. Meyer, 17371.
...which might be waived or cured if he waited until after verdict. United States v. Williams, 5 Cir., 1953, 202 F.2d 712, 713; same case 203 F.2d 572, 573; Vasquez v. United States, 5 Cir., 1956, 229 F.2d 288, 289; 42 C.J.S. Indictments and Informations, § 301; 27 Am.Jur., Indictments and Inf......
-
U.S. v. Elam
...indictment, such as duplicity, must be raised prior to trial. United States v. Busard, 524 F.2d 72 (5th Cir. 1975); United States v. Williams, 203 F.2d 572 (5th Cir. 1953), cert. denied, 346 U.S. 822, 74 S.Ct. 37, 98 L.Ed. 347 (1953). See also Durland v. United States, 161 U.S. 306, 16 S.Ct......
-
United States v. Pope
...See United States v. Carll, 1881, 105 U.S. 611, 26 L.Ed. 1135; United States v. Palmiotti, 2 Cir., 1958, 254 F. 2d 491; United States v. Williams, 5 Cir., 203 F.2d 572, certiorari denied 1953, 346 U.S. 822, 74 S.Ct. 37, 98 L.Ed. 347; United States v. Achtner, 2 Cir., 1944, 144 F.2d 49. Howe......