United States v. Hess

CourtUnited States Supreme Court
Writing for the CourtFIELD
Citation124 U.S. 483,8 S.Ct. 571,31 L.Ed. 516
PartiesUNITED STATES v. HESS
Decision Date30 January 1888

124 U.S. 483
8 S.Ct. 571
31 L.Ed. 516
UNITED STATES
v.
HESS.
January 30, 1888.

This case comes before us from the circuit court for the Southern district of New York on a certificate of division of opinion between the judges. The defendant was indicted in that court for an alleged offense, described in general terms as that of devising 'a scheme to defraud divers other persons,' to the jurors unknown, and intending to effect it by inciting

Page 484

them to open communication with him through the post-office establishment. The indictment contained two counts, but, upon the plea of not guilty, the case was submitted to the jury upon the second count alone. That count was as follows: 'And the jurors aforesaid, on their oath aforesaid, do further present that Sigismund Hess, otherwise called Samuel Hayes, late of the city and county of New York, in the district and circuit aforesaid, yeoman, heretofore, to-wit, on the third day of March, in the year of our Lord one thousand eight hundred and eighty-seven, at the Southern district of New York, and within the jurisdiction of this court, having theretofore devised a scheme to defraud divers other persons to the jurors aforesaid as yet unknown, which said scheme he, the said Sigismund Hess, otherwise called Samuel Hayes, then and there intended to effect by inciting such other persons to open communication with him, the said Sigismuch Hess, otherwise called Samuel Hayes, by means of the post-office establishment of the said United States, did unlawfully, in and for attemptin to execute said scheme, receive from the post-office of the United States at the city of New York a certain letter in the words and figures following, that is to say:

"BONILLA, D. T., 2, 25, '87.

"DR. SIR: If there is any money to be made at it, then count me in. Send on all the confidential terms you have, and you will never be betrayed by

"Yours, truly,

J. M. DAVIS.

"Return this letter.'

—Which said letter was then and there inclosed in a sealed envelope, addressed and directed in words and figures following, that is to say: 'S. Brunk, Esq., 270 West 40th St., New York City, New York, c. o. Boot-Black;' against the peace of the United States and their dignity, and contrary to the form of the statute of the said United States in such case made and provided.'

The jury found the defendant guilty, and a motion was

Page 485

made for a new trial, and in arrest of judgment, when the following questions occurred, upon which the judges holding the court were divided in opinion: '(1) Does the second count of the indictment sufficiently describe an offense under section 5480, Revised Statutes? (2) If there is any defect or imperfection in the second count of the indictment, is it in matter of form only, not tending to the prejudice of the defendant, and within the provisions of section 1025, Revised Statutes? (3) If there is a defect or imperfection in the second count of the indictment, is it aided and cured by the verdict?' Thereupon, on motion of the district attorney, it was ordered that the points upon which the judges disagreed should be certified, with a copy of the indictment, and an abstract of the record, to this court for final decision.

The following is section 5480, Rev. St., upon which the indictment is founded: 'If any person having devised, or intending to devise, any scheme or artifice to defraud, to be effected by either opening, or intending to open, correspondence or communication with any other person, whether resident within or outside the United States, by means of the...

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412 practice notes
  • United States v. Nelson, No. G78-115 CR5.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • February 15, 1980
    ...will inform the accused of the specific offence, coming under the general description, with which he is charged.' United States v. Hess, 124 U.S. 483, 487, 8 S.Ct. 571, 573, 31 L.Ed. 516. See also Pettibone v. United States, 148 U.S. 197, 202-204, 13 S.Ct. 542, 545, 37 L.Ed. 419; Blitz v. U......
  • United States v. Lacey, No. CR-18-00422-001-PHX-SMB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • October 24, 2019
    ...of the specific offence ... with which he is charged." Hamling , 418 U.S. at 117–18, 94 S.Ct. 2887 (quoting United States v. Hess , 124 U.S. 483, 487, 8 S.Ct. 571, 31 L.Ed. 516 (1888) ). "On a motion to dismiss an indictment for failure to state an offense, the court must accept the truth o......
  • U.S. v. Seher, No. 07-13935.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • March 26, 2009
    ...rather than to a section in general.13 See id. Appellants contend that this interpretation of Fern conflicts with United States v. Hess, 124 U.S. 483, 8 S.Ct. 571, 31 L.Ed. 516 (1888). They specifically refer to language in Hess stating that "[t]he omission [of an essential element of the c......
  • Sutton v. United States, No. 11561.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 15, 1946
    ...States, 153 U. S. 584, 14 S.Ct. 934, 38 L.Ed. 830. 8 Citing United States v. Cruikshank, 92 U.S. 542, 23 L.Ed. 588; United States v. Hess, 124 U.S. 483, 8 S.Ct. 571, 31 L. Ed. 9 In Ledbetter v. United States, 170 U. S. 606, at pages 609, 610, 18 S.Ct. 774, at page 775, 42 L.Ed. 1162, the co......
  • Request a trial to view additional results
419 cases
  • United States v. Nelson, No. G78-115 CR5.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • February 15, 1980
    ...will inform the accused of the specific offence, coming under the general description, with which he is charged.' United States v. Hess, 124 U.S. 483, 487, 8 S.Ct. 571, 573, 31 L.Ed. 516. See also Pettibone v. United States, 148 U.S. 197, 202-204, 13 S.Ct. 542, 545, 37 L.Ed. 419; Blitz v. U......
  • United States v. Lacey, No. CR-18-00422-001-PHX-SMB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • October 24, 2019
    ...of the specific offence ... with which he is charged." Hamling , 418 U.S. at 117–18, 94 S.Ct. 2887 (quoting United States v. Hess , 124 U.S. 483, 487, 8 S.Ct. 571, 31 L.Ed. 516 (1888) ). "On a motion to dismiss an indictment for failure to state an offense, the court must accept t......
  • Jelke v. United States, 2168
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • March 2, 1918
    ...v. United States, 156 U.S. 195, 15 Sup.Ct. 325, 39 L.Ed. 390; United States v. Carll, 105 U.S. 611, 26 L.Ed. 1135; United States v. Hess, 124 U.S. 483, 8 Sup.Ct. 571, 31 L.Ed. 516; United States v. Cruikshank, 92 U.S. 542, 23 L.Ed. 588; United States v. Munday (C.C.) 186 F. 375; United Stat......
  • U.S. v. Haldeman, Nos. 75-1381
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • December 8, 1976
    ...inform the accused of the specific offense, coming under the general description, with which he is charged." United States v. Hess, 124 U.S. 483, 487 (88 S.Ct. 571, 573, 31 L.Ed. 516) (Emphasis added). No further authority is needed to point out the error of the majority's position on ......
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