[Download] "Evans v. United States." by Supreme Court of the United States # Book PDF Kindle ePub Free
eBook details
- Title: Evans v. United States.
- Author : Supreme Court of the United States
- Release Date : January 14, 1894
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
A rule of criminal pleading, which at one time obtained in some of the circuits. and perhaps received a qualified sanction from this court in United States v. Mills, 7 Pet. 138, that an indictment for a statutory misdemeanor is sufficient, if the offence be charged in the words of the statute, must, under more recent decisions, be limited to cases where the words of the statute themselves, as was said by this court in United States v. Carll, 105 U.S. 611, 612, "fully, directly, and expressly, without any uncertainty or ambiguity, set forth all the elements necessary to constitute the offence intended to be punished." The crime must be charged with precision and certainty, and every ingredient of which it is composed must be accurately and clearly alleged. United States v. Cook, 17 Wall. 168, 174; United States v. Cruikshank, 92 U.S. 542, 558. "The fact that the statute in question, read in the light of the common law, and of other statutes on the like matter, enables the court to infer the intent of the legislature, does not dispense with the necessity of alleging in the indictment all the facts necessary to bring the case within that intent." United States v. Carll, 105 U.S. 611.