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Albrecht Vs. United States
Cites for this judgment
- US Supreme Court
- Jan 03, 1927
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Albrecht v. UnitedSearch
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States - 273 U.S. 1 (1927) U.S. Supreme Court Albrecht v. UnitedSearch
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States, 273 U.S. 1 (1927) Albrecht v. UnitedSearch
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U. S. 4 There is no contention that the offenses charged could not be prosecuted by information. See Brede v. PowersSearch
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Rossini v. UnitedSearch
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there has been diversity of opinion in the lower courts, due in part to language in the opinions in United States v. MorganSearch
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U. S. 274 , 222 U. S. 282 , and in United States v. ThompsonSearch
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not authorized to administer Page 273 U. S. 5 oaths in federal criminal proceedings. Compare United States v. HallSearch
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United States v. MichalskiSearch
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so, his official oath may be accepted as sufficient to give verity to the allegations of the information. See Weeks v. UnitedSearch
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the National Prohibition Act, but the general principle is well established. Page 273 U. S. 12 Compare Burton v. UnitedSearch
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Gavieres v. UnitedSearch
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before filing informations, and have refused to grant leave except upon a showing of probable cause. United States v. ShepardSearch
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United States v. MaxwellSearch
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United States v. BaughSearch
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United States v. ReilleySearch
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United States v. SmithSearch
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United States v. SchurmanSearch
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United States v. QuaritiusSearch
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the question of the existence of probable cause upon a motion of the defendant to withdraw leave. United States v. SimonSearch
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Yaffee v. UnitedSearch
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States, 276 F. 497. The statements in Ryan v. UnitedSearch
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States, 5 F.2d 667, and Miller v. UnitedSearch
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that the United States attorney may file informations as of right are based upon an incidental remark in United States v. ThompsonSearch
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A few cases have considered a verification essential to the validity of an information. United States v. TureaudSearch
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United States v. StricklandSearch
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F. 469. Compare Johnston v. UnitedSearch
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F. 320. See United States v. MorganSearch
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U. S. 274 , 222 U. S. 282 . The opposite conclusion was reached after great deliberation in Weeks v. UnitedSearch
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States, 216 F. 292, since followed by many cases. Reference may be made to United States v. AdamsSearch
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Simpson v. UnitedSearch
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Abbott Bros. Co. v. UnitedSearch
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Kelly v. UnitedSearch
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Brown v. UnitedSearch
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United States v. NewtonSearch
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Vollmer v. UnitedSearch
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Wagner v. UnitedSearch
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Poleskey v. UnitedSearch
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Gray v. UnitedSearch
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to say, as late as 1870, that there had been no use of that procedure known to them up to that time. United States v. ShepardSearch
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United States v. CultusSearch
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sporadic use of informations in criminal proceedings during the first 80 years of the government, as in United States v. MannSearch
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did not become general until after 1870. After 1870, prosecutions by information became frequent. See United States v. WallerSearch
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Compare Simpson v. UnitedSearch
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States, 241 F. 841. Contra, United States v. SchallingerSearch
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U.S. Supreme Court Albrecht v. UnitedSearch
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