United States v. Irvine

CourtUnited States Supreme Court
Writing for the CourtMILLER
Citation98 U.S. 450,25 L.Ed. 193
Decision Date01 October 1878
PartiesUNITED STATES v. IRVINE

98 U.S. 450
25 L.Ed. 193
UNITED STATES
v.
IRVINE.
October Term, 1878

CERTIFICATE of division in opinion between the judges of the Circuit Court of the United States for the Western District of Missouri.

The facts are stated in the opinion of the court.

Mr. Assistant Attorney-General Smith for the United States.

No counsel appeared for Irvine.

MR. JUSTICE MILLER delivered the opinion of the court.

The defendant, Clark Irvine, is charged in the indictment in this case, that on the twenty-fourth day of December, 1870, as the agent and attorney of Mrs. Berkely, he wrongfully withheld from her the amount of her pension, to wit, $525, allowed her under the pension laws, and continuously withheld it until the time of finding the indictment in September, 1875.

Page 451

The indictment comes within the terms of the act of 1864, which we have considered in United States v. Benecke, supra, p. 447.

But the judges have certified to us, among other questions, whether the act of July 8, 1870, does not repeal the thirteenth section of the act of 1864.

By the third section of the later act, pensions are forbidden to be paid to attorneys and agents any more, and are required to be paid directly to the pensioner. It is not easy to see, therefore, how the attorney is to get possession of the money, and how he can withhold it, or why there should be any longer a law for punishing him for such withholding.

The statute revises the act of 1864 as regards fees of such attorneys, and increases the punishment for exacting more fees than the law allows, but totally omits any penalty for withholding. Sects. 7 and 8, act of July 8, 1870, 16 Stat. 195.

It is argued that this omission was intentional, for the reason above stated; and as the statute repeals all acts in conflict with its provisions, it was intended to repeal the penalty for withholding prescribed by the act of 1864. The argument is not without force; but without deciding that point, we prefer to answer another question, which will decide the present case.

The defendant pleaded the Statute of Limitations of two years as a bar to the indictment, and the court, having refused him the benefit of the bar on trial, now certify other questions on that subject, namely: 2. Is the crime a continuous one down to the time of finding the indictment? 3. Does the Statute of Limitations constitute a bar to this prosecution, the indictment having been found Sept. 15, 1875?

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55 practice notes
  • Cole's Wexford Hotel, Inc. v. UPMC, Case No. 10–1609.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • 1 Septiembre 2015
    ...of the United States has explained:[T]he mere continuance of the result of a crime does not continue the crime. United States v. Irvine, 98 U.S. 450, 25 L.Ed. 193 [ (1878) ], 3 Am.Crim. Rep. 334. But when the plot contemplates bringing to pass a continuous result that will not continue with......
  • United States v. Grunewald, No. 95
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 10 Abril 1956
    ...the result of a conspiracy may be continuing, the conspiracy does not thereby become a continuing one. See United States v. Irvine 98 U.S. 450, 25 L.Ed. 193. Continuity of action to produce the unlawful result, or as stated in United States v. Kissel, supra 218 U.S. 601, 607, 31 S.Ct. 124, ......
  • Wright v. Superior Court, No. S053938
    • United States
    • United States State Supreme Court (California)
    • 12 Mayo 1997
    ...failure to perform a continuing duty, when nothing at all happens after the crime became complete. In United States v. Irvine [ (1879) ] 98 U.S. 450, 25 L.Ed. 193, the crime was for an agent or attorney 'wrongfully to withhold' pension money from a pensioner. The duty to pay it over was cer......
  • Toussie v. United States, No. 441
    • United States
    • United States Supreme Court
    • 2 Marzo 1970
    ...crime is complete.' Pendergast v. United States, 317 U.S. 412, 418, 63 S.Ct. 268, 271, 87 L.Ed. 368 (1943); see United States v. Irvine, 98 U.S. 450, 452, 25 L.Ed. 193 (1879). And Congress has declared a policy that the statute of limitations should not be extended '(e) xcept as otherwise e......
  • Request a trial to view additional results
55 cases
  • Cole's Wexford Hotel, Inc. v. UPMC, Case No. 10–1609.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • 1 Septiembre 2015
    ...of the United States has explained:[T]he mere continuance of the result of a crime does not continue the crime. United States v. Irvine, 98 U.S. 450, 25 L.Ed. 193 [ (1878) ], 3 Am.Crim. Rep. 334. But when the plot contemplates bringing to pass a continuous result that will not continue with......
  • United States v. Grunewald, No. 95
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 10 Abril 1956
    ...the result of a conspiracy may be continuing, the conspiracy does not thereby become a continuing one. See United States v. Irvine 98 U.S. 450, 25 L.Ed. 193. Continuity of action to produce the unlawful result, or as stated in United States v. Kissel, supra 218 U.S. 601, 607, 31 S.Ct. 124, ......
  • Wright v. Superior Court, No. S053938
    • United States
    • United States State Supreme Court (California)
    • 12 Mayo 1997
    ...failure to perform a continuing duty, when nothing at all happens after the crime became complete. In United States v. Irvine [ (1879) ] 98 U.S. 450, 25 L.Ed. 193, the crime was for an agent or attorney 'wrongfully to withhold' pension money from a pensioner. The duty to pay it over was cer......
  • Toussie v. United States, No. 441
    • United States
    • United States Supreme Court
    • 2 Marzo 1970
    ...crime is complete.' Pendergast v. United States, 317 U.S. 412, 418, 63 S.Ct. 268, 271, 87 L.Ed. 368 (1943); see United States v. Irvine, 98 U.S. 450, 452, 25 L.Ed. 193 (1879). And Congress has declared a policy that the statute of limitations should not be extended '(e) xcept as otherwise e......
  • Request a trial to view additional results

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