United States v. Adams Exp. Co.

Citations

• 119 F. 240
• 1902 U.S. Dist. LEXIS 265

Syllabus

<p>1. Criminal Law—Bill of Particulars—Evidence.</p> <p>On prosecution for crime the court will limit the government in its evidence to those facts set forth in the bill of particulars.</p> <p>8. Indictment—Demurrer—Bill of Particulars.</p> <p>Where a demurrer goes both to the indictment and the bill of particulars, and is so treated by counsel on both sides, the court may so consider it to avoid a useless trial of the indictment, though the law does not require it to do so.</p> <p>8. Intoxicating Liquors—Sale without License—Common Carrier—Interstate Shipment.</p> <p>On an indictment charging a common carrier with carrying on the business of a retail liquor dealer without a license by receiving liquors from a liquor company without the state, carrying them to the consignee C. O. D.-, receiving the money, and carrying it to the liquor company, it was immaterial that no bills or invoices accompanied the shipment.</p> <p>4. Same—Interstate Commerce.</p> <p>The “commerce clause” of the constitution was not involved, the only question being whether defendant sold the liquors.</p> <p>5. Same—Title—Consignor—Carrier.</p> <p>. The title to the liquors passed to the consignee on delivery thereof by the liquor company to the carrier, and therefore the carrier acted as the vendee in carrying and agent of the vendor in collecting, and was not guilty of a sale.</p> <p>6. Courts—Prior Decisions.</p> <p>The district court may decline to follow the weight of authority in the United States courts, the pertinent question being as to the rulings of the supreme court or the court of appeals for that circuit.</p>