Parkinson v. United States
| Decision Date | 18 April 1887 |
| Citation | 121 U.S. 281,30 L.Ed. 959,7 S.Ct. 896 |
| Parties | PARKINSON v. UNITED STATES |
| Court | U.S. Supreme Court |
[No appearance for plaintiff in error.
Asst. Atty. Gen. Maury, for defendant in error.
This case comes here on a certificate by the judges of the circuit court of the United States for the district of Nevada that they were opposed in opinion on certain questions which arose at the hearing of a writ of error for the review of the rulings of the district court of the district at the trial of Richard R. Parkinson, on an information by the district attorney, for unlawfully, fraudulently, and feloniously voting at an election for a representative in congress from Nevada, and for unlawfully, fraudulently, and feloniously registering his name as an elector qualified to vote at such election. The prosecution was under sections 5511 and 5512 of the Revised Statutes, which made the offenses charged punishable by a fine of not more than $500, or by imprisonment not more than three years, or both. As the imprisonment may be 'for a period longer than one year,' the court can order that it shall be in the penitentiary. Rev. St. § 5541. This makes the crime 'infamous,' within the meaning of the fifth amendment of the constitution of the United States, and the prosecution should have been by indictment, and not by infor- mation. It was so decided by this court after this case was certified up by the circuit court, in Ex parte Wilson, 114 U. S. 417, 5 Sup. Ct. Rep. 935, and Mackin v. United States, 117 U. S. 348, 6 Sup. Ct. Rep. 777. As the judgment of the district court must be reversed for this cause, the questions certified have become immaterial, and their determination unnecessary, in the final disposition of the case. We therefore remand the case without answering them.
To continue reading
Request your trial
-
Attorney Gen. ex rel. O'hara v. Montgomery
...114 U.S. 417, 5 S.Ct. 935, 29 L.Ed. 89;Mackin v. United States, 117 U.S. 348, 6 S.Ct. 777, 29 L.Ed. 909;Parkinson v. United States, 121 U.S. 281, 7 S.Ct. 896, 30 L.Ed. 959;United States v. De Walt, 128 U.S. 393, 9 S.Ct. 111, 32 L.Ed. 485; Re Medley, Petitioner, 134 U.S. 160, 169, 10 S.Ct. 3......
-
Stevens v. Biddle
... ... 209 STEVENS v. BIDDLE, Warden of U.S. Penitentiary at Leavenworth, Kan. No. 6233. United States Court of Appeals, Eighth Circuit. April 15, 1924 ... Turner ... W. Bell, of ... 777, 29 L.Ed. 909; Ex parte Wilson, 114 ... U.S. 417, 429, 5 Sup.Ct. 935, 29 L.Ed. 89; Parkinson v ... United States, 121 U.S. 281, 7 Sup.Ct. 896, 30 L.Ed ... 959. Therefore, under the ... ...
-
U.S. v. Armored Transport, Inc.
...42 S.Ct. 368, 66 L.Ed. 700 (1922) (imprisonment at hard labor in the workhouse in an infamous punishment); Parkinson v. United States, 121 U.S. 281, 7 S.Ct. 896, 30 L.Ed. 959 (1887) (imprisonment in penitentiary is infamous punishment); United States v. Driscoll, 612 F.2d 1155 (9th Cir. 198......
-
Falconi v. United States
... ... in cases arising in the land or naval forces, or in the ... militia, when in actual service in time of war or public ... danger. Ex parte Wilson, 114 U.S. 417, 5 Sup.Ct. 935, 29 ... L.Ed. 89; Mackin et al. v. U.S., 117 U.S. 348, 6 ... Sup.Ct. 777, 29 L.Ed. 909; Parkinson v. U.S., 121 ... U.S. 281, 7 Sup.Ct. 896, 30 L.Ed. 959; U.S. v. De ... Walt, 128 U.S. 393, 9 Sup.Ct. 111, 32 L.Ed. 485; In ... re Mills, 135 U.S. 263, 267, 10 Sup.Ct. 762, 34 L.Ed ... 107; In re Claasen, 140 U.S. 200, 204, 11 Sup.Ct ... 735, 35 L.Ed. 409 ... It ... would seem to ... ...