United States v. Carpenter

• Decision Date: 31 October 1889
• Citation: 50 N.W. 123,6 Dak. 294
• Parties: United States v. Carpenter.
• Court: South Dakota Supreme Court

50 N.W. 123

6 Dak. 294

United States

v.Carpenter.

Supreme Court of the Territory of Dakota.

Oct. Term, 1889.

Error to district court, second judicial district; A. J. Edgerton, Judge.

Indictment against Edwin E. Carpenter for conspiracy to defraud the United States. Defendant was convicted, and brings error. Reversed.

The indictment charged that defendant and others, conspired with intent to defraud some person to the grand jury unknown, unlawfully to falsely make, forge, and counterfeit a certain obligation and security of the United States, known as a “certificate of deposit” with the assistant treasurer of the United States, on account of the appropriation for surveys of public lands; that H., one of said conspirators, together with the others, to effect the object of said conspiracy, falsely signed and wrote a certain name, and certain words and figures, on a certain paper and writing, which, together with the certificate of deposit, was set out in the indictment, and which purported to be an assignment in blank of the certificate. The indictment further charged that C., one of said conspirators, thereafter, in pursuance of and to effect the object of said conspiracy, falsely and fraudulently, with intent to defraud some person to the grand jury unknown, pasted and attached said paper and writing to a falsely made, forged, and counterfeit obligation and security of the United States, the certificate set out in the indictment. Rev. St. U. S. § 5440, provides that, if two or more persons conspire either to commit any offense against the United States or to defraud the United States in any manner, or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to punishment. Defendant's objection to the introduction of evidence, on the ground that the facts stated in the indictment did not constitute a public offense, was overruled.

Gamble Bros., for plaintiff in error. J. C. Murphy, U. S. Dist. Atty., and E. G. Smith, for the United States.

PER CURIAM.

The judgment in this case is reversed, and the court below is directed to dismiss the indictment.

All concur, except Tripp, C. J., and Templeton and Aikens, JJ., not sitting.