George Ebeling v. Thomas Morgan, No. 736

CourtUnited States Supreme Court
Writing for the CourtDay
Citation35 S.Ct. 710,59 L.Ed. 1151,237 U.S. 625
PartiesGEORGE EBELING, Appt., v. THOMAS W. MORGAN, Warden of the United States Penitentiary at Leavenworth, Kansas
Decision Date01 June 1915
Docket NumberNo. 736

237 U.S. 625
35 S.Ct. 710
59 L.Ed. 1151
GEORGE EBELING, Appt.,

v.

THOMAS W. MORGAN, Warden of the United States Penitentiary at Leavenworth, Kansas.

No. 736.
Argued and submitted April 7, 1915.
Decided June 1, 1915.

Messrs. Frans E. Lindquist, William P. Borland, Martin J. Ostergard, Charles S. McLane, Edwin J. Shannahan, Oscar F. Wimmer, Herman D. Kissenger, Leonard Waddell, Luther

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N. Dempsey, and Ira S. Gardner for appellant.

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Assistant Attorney General Wallace for appellee.

Mr. Justice Day delivered the opinion of the court:

The appellant, Ebeling, was convicted in the United States district court for the eastern district of Missouri of violations of § 189 of the Criminal Code [35 Stat. at L. 1124, chap. 321, Comp. Stat. 1913, § 10,359]. The indictment contains seven counts. The second, third, fourth, fifth, sixth, and seventh charge that, on the 21st day of January, 1910, said Ebeling did wilfully, knowingly, and feloniously tear, cut, and injure a certain bag then and there used for the conveyance of mails of the United States, each count describing the mail pouch so torn, cut, and injured by its lock and rotary number, and in each count it was alleged that the pouch in such count

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named was in a certain railway postal car, then and there in transit on a certain railroad, and that the act was done with intent to forcibly, knowingly, and feloniously rob, steal, and carry away the contents of the pouch. Ebeling entered a plea of guilty, and was sentenced to pay a fine of $500 and be imprisoned in the United States penitentiary at Leavenworth, Kansas, for a period of three years on the second count; and a like fine and imprisonment were imposed because of each the third, fourth, fifth, sixth, and seventh counts, to run consecutively with the sentence under the second count; but it was provided that the imprisonment as to the seventh count should begin, run, and terminate concurrently with the sentences imposed under the other counts, making in all a period of fifteen years' imprisonment. Ebeling, having served the sentence of three years imposed under the second count, applied to the district court of the United States for the district of Kansas for a writ of habeas corpus to procure his release from further imprisonment, upon the ground that he had endured all the punishment that could be legally imposed upon him by imprisonment under said indictment. The district court denied the application, and refused to issue the writ, and appeal was then prosecuted to this court.

This case raises the question whether one who, in the same transaction, tears or cuts successively mail bags of the United States used in conveyance of the mails, with intent to rob or steal any such mail, is guilty of a single offense, or of additional offenses because of...

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200 practice notes
  • Whalen v. United States, No. 78-5471
    • United States
    • United States Supreme Court
    • 16 Abril 1980
    ...344 U.S. 218, 73 S.Ct. 227, 97 L.Ed. 260; Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306; Ebeling v. Morgan, 237 U.S. 625, 35 S.Ct. 710, 59 L.Ed. 1151. It is not at all uncommon, for example, for Congress or a state legislature to provide that a single criminal offen......
  • U.S. v. Craig, Nos. 76-2089
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 21 Marzo 1978
    ...391, 394, 36 S.Ct. 367, 60 L.Ed. 706 (1916); In re Henry, 123 U.S. 372, 374, 88 S.Ct. 142, 31 L.Ed. 174 (1887). Cf. Ebeling v. Morgan, 237 U.S. 625, 35 S.Ct. 710, 59 L.Ed. 1151 (1915). The point is obvious. If prevention of schemes to defraud were the primary purpose of the mail fraud statu......
  • State v. Valenzuela, DA 20-0032
    • United States
    • Montana United States State Supreme Court of Montana
    • 28 Septiembre 2021
    ...had the charges been consolidated in a single proceeding." Brown , 432 U.S. at 166 n.6, 97 S. Ct. at 2226 (citing Ebeling v. Morgan , 237 U.S. 625, 35 S. Ct. 710, 59 L.Ed. 1151 (1915) ).2 Compare State v. Guillaume , 1999 MT 29, ¶¶ 8 and 16, 293 Mont. 224, 975 P.2d 312 (Article II, Section ......
  • State v. Valenzuela, DA 20-0032
    • United States
    • Montana United States State Supreme Court of Montana
    • 28 Septiembre 2021
    ...had the charges been consolidated in a single proceeding." Brown, 432 U.S. at 166 n.6, 97 S.Ct. at 2226 (citing Ebeling v. Morgan, 237 U.S. 625, 35 S.Ct. 710 (1915)). [2] Compare State v. Guillaume, 1999 MT 29, ¶¶ 8 and 16, 293 Mont. 224, 975 P.2d 312 (Article II, Section 25 protects agains......
  • Request a trial to view additional results
200 cases
  • Whalen v. United States, No. 78-5471
    • United States
    • United States Supreme Court
    • 16 Abril 1980
    ...344 U.S. 218, 73 S.Ct. 227, 97 L.Ed. 260; Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306; Ebeling v. Morgan, 237 U.S. 625, 35 S.Ct. 710, 59 L.Ed. 1151. It is not at all uncommon, for example, for Congress or a state legislature to provide that a single criminal offen......
  • U.S. v. Craig, Nos. 76-2089
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 21 Marzo 1978
    ...391, 394, 36 S.Ct. 367, 60 L.Ed. 706 (1916); In re Henry, 123 U.S. 372, 374, 88 S.Ct. 142, 31 L.Ed. 174 (1887). Cf. Ebeling v. Morgan, 237 U.S. 625, 35 S.Ct. 710, 59 L.Ed. 1151 (1915). The point is obvious. If prevention of schemes to defraud were the primary purpose of the mail fraud statu......
  • State v. Valenzuela, DA 20-0032
    • United States
    • Montana United States State Supreme Court of Montana
    • 28 Septiembre 2021
    ...had the charges been consolidated in a single proceeding." Brown , 432 U.S. at 166 n.6, 97 S. Ct. at 2226 (citing Ebeling v. Morgan , 237 U.S. 625, 35 S. Ct. 710, 59 L.Ed. 1151 (1915) ).2 Compare State v. Guillaume , 1999 MT 29, ¶¶ 8 and 16, 293 Mont. 224, 975 P.2d 312 (Article II, Section ......
  • State v. Valenzuela, DA 20-0032
    • United States
    • Montana United States State Supreme Court of Montana
    • 28 Septiembre 2021
    ...had the charges been consolidated in a single proceeding." Brown, 432 U.S. at 166 n.6, 97 S.Ct. at 2226 (citing Ebeling v. Morgan, 237 U.S. 625, 35 S.Ct. 710 (1915)). [2] Compare State v. Guillaume, 1999 MT 29, ¶¶ 8 and 16, 293 Mont. 224, 975 P.2d 312 (Article II, Section 25 protects agains......
  • Request a trial to view additional results

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