United States v. Pile

Decision Date08 April 1889
PartiesUNITED STATES v. PILE
CourtU.S. Supreme Court

Sol. Gen. Jenks, for the United States.

J. P. Murray, for defendant.

MILLER, J.

The defendant below, who is the defendant here, was tried in the circuit court of the United States for the Middle district of Tennessee upon an indictment charging him with falsely making and forging an affidavit of John Frogge and others in relation to a claim for a pension. The jury by their verdict found him guilty. His counsel then entered a motion in arrest of judgment upon the alleged insufficiency of the indictment, which motion was overruled by the court. Thereupon the defendant moved for a new trial, which was refused, and judgement rendered sentencing the defendant to be confined in the jail of Davidson county for three months, and to forfeit and pay to the United States a fine of $250, and the costs, for which execution should issue, and the defendant be confined until said fine and costs were paid, or he was otherwise discharged by due course of law. All this appears by the record to have been done on the 29th day of October, 1884, and on the 31st day of the same month the following order was made: 'United States vs. S. H. Pile. No. 3,690. Came the U. S. att'y and the deft. in proper person, and upon application of the deft. the execution of the judgment heretofore entered herein is suspended until the fourth Monday in November next, upon defendant entering into recognizance for his appearance at that date. And thereupon came John C. Wright, who, with defendant, acknowledged himself indebted to the United States in the sum of $2,000, conditioned upon the appearance of defendant on the fourth Monday of November to abide by and perform the judgment of the court, and that he shall not depart without leave of the court. On Nov. 24th, 1884, on motion of defendant, the execution of the judgment herein was suspended until the next term of the court.' At the subsequent term, April 23, 1885, the following proceedings were had: 'United States vs. S. H. Pile. No. 3,690. Upon sufficient grounds appearing to the court, the judgment of fine and imprisonment pronounced in this cause at the last term, and the judgment rendered at the last term of this court on the motion in arrest of judgment overruling the same, are hereby set aside and for nothing held. And thereupon comes the defendant, by his counsel, before the circuit and district judges, and moved that the judgment in this case be arrested, and for causes sets forth the following: (1) The indictment does not aver any specific intent to defraud the United States or other party. (2) The indictment is delusive, uncertain, repugnant, or inconsistent. And the motion coming on for argument before the honorable the judges aforesaid, and they being unable to agree as to whether the said motion is well taken or not, but having...

To continue reading

Request your trial
21 cases
  • U.S. v. Krohn
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 21, 1983
    ...some period of time, so long as the motions were filed prior to the expiration of the governing term. See United States v. Pile, 130 U.S. 280, 9 S.Ct. 523, 524, 32 L.Ed. 904 (1889); Hume v. Bowie, 148 U.S. 245, 13 S.Ct. 582, 584, 37 L.Ed. 438 (1893); Mayer, 35 S.Ct. at 19. But the question ......
  • Roberts v. United States 15 8212 18, 1943
    • United States
    • U.S. Supreme Court
    • November 22, 1943
    ...and may impose any sentence which might originally have been imposed.' 43 Stat. 1260; 48 Stat. 256. 3 Cf. United States v. Pile, 130 U.S. 280, 9 S.Ct. 523, 32 L.Ed. 904; United States v. Weiss, D.C., 28 F.Supp. 598, 599; Pernatto v. United States, 3 Cir., 107 F.2d 372; Kriebel v. United Sta......
  • State v. Manns, Case No. 11-CA-28
    • United States
    • Ohio Court of Appeals
    • January 23, 2012
    ...St. Louis, Iron Mountain & S.R.R. Co. v. Southern Express Co., 108 U.S. 24, 28, 2 S.Ct. 6, 8, 27 L.Ed. 638; United States v. Pile, 130 U.S. 280, 283, 9 S.Ct. 523, 32 L.Ed. 904; Heike v. United States, 217 U.S. 423, 429, 30 S.Ct. 539, 54 L.Ed. 821..." Berman v. United States, 302 U.S. 211,21......
  • De Benque v. United States, 6617.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • May 11, 1936
    ...of the case over to a subsequent term. United States v. Mayer, 235 U.S. 55, 35 S.Ct. 16, 59 L.Ed. 129; United States v. Pile, 130 U.S. 280, 9 S.Ct. 523, 32 L.Ed. 904; Fine v. United States (C. C.A.) 67 F.(2d) 591; Ex parte Singer (C.C.A.) 284 F. 60. If, however, the judgment was void, the g......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT