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· 7/1/1878

De Wolf v. Howland

Citations

  • 7 F. Cas. 575
  • 2 Paine 356

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that absent an overt expression of legislative intent, the intent of Congress can also be determined based on the elements of the violated statutes
  • holding suggests that whether elements are statutory or not is immaterial to multiplicity determination
  • holding the first question for purposes of a double jeopardy analysis is whether Congress expressed its intent concerning multiple convictions at a single trial for different statutory violations arising from the same act or transaction
  • stating the constitutional power to define Federal military offenses and prescribe their punishments lies with Congress
  • forgery and larceny were separate offenses even though the forgery was the means by which the larceny was committed
  • sentence set aside where maximum punishment announced as six years, six months vice three years, six months

Source: CourtListener parenthetical corpus (CC0).

Judges: Thompson

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.