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· 2/1/1897

Rosencrans v. United States

Citations

  • 165 U.S. 257
  • 17 S. Ct. 302
  • 41 L. Ed. 708
  • 1897 U.S. LEXIS 1965

Syllabus

<p>Under the act of July'20, 1892, c. 208, the grand jury in the southern division, of the District of Montana had jurisdiction to And the indictment which forms the subject of discussion in this case; and, after such indictment had been found, the court had authority to remit it to the other . division for trial.</p> <p>Where Congress has expressly legislated in respect to a given matter, that express legislation must control, in the absence of subsequent legislation equally express, and is'not overthrown by any mere inferences or impli- ' cations to be found in such subsequent legislation.</p> <p>The indictment of a person employed in the .postal service for secreting, embezzling or destroying a cheque or draft in a letter delivered to him as such agent need not give a full description of the cheque or draft; but it is sufficient to say that, the instrument having been destroyed, the grand jury is unable ito give any further description than is found in the indictment.</p>

How courts have described this case

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

  • “When there are statutes clearly defining the jurisdiction of the courts, the force and effect of such provisions should not be disturbed by a mere implication flowing from subsequent legislation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brewer, G-Ray, Mife, White

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.