Berkman v. United States

Citations

• 250 U.S. 114
• 39 S. Ct. 411
• 63 L. Ed. 877
• 1919 U.S. LEXIS 1723

Syllabus

<p>A defendant under indictment who, pursuant to an order obtained on ' his own application, voluntarily deposits cash in the registry in lieu of bail, does so with full knowledge that under Rev. Stats., § 828, if applicable to such cases, one per cent, may be taxed as compensation to the clerk for receiving, keeping and paying out the money; and the contentions that the retention of such percentage, upon return of the deposit after his conviction, brings that section in conflict with the Fifth and Eighth Amendments, and Art. IV, § 2, of the Constitution, are frivolous, and will not Support a direct writ of error under Jud. Code, § 238. P. 117.</p> <p>Writ of error dismissed.</p>