United States v. Biggs
211 U.S. 507 (1909)

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U.S. Supreme Court

United States v. Biggs, 211 U.S. 507 (1909)

United States v. Biggs

No. 289

Argued December 16, 17, 1908

Decided January 4, 1909

211 U.S. 507

Syllabus

United States v. Keitel, ante, p. 211 U. S. 370, followed as to the power of this Court to review judgments in criminal cases at the instance of the government under the Act of March 2, 1907, c. 2546, 34 Stat. 1246.

The Timber and Stone Act of June 3, 1878, c. 151, 20 Stat. 89, as amended by the act of August 4, 1892, c. 375, § 2, 27 Stat. 348,{1} while prohibiting the entryman from entering ostensibly for himself but in reality for another, does not prohibit him from selling his claim to another after application and before final action. Williamson v. United States,207 U. S. 425.

An indictment for conspiracy to defraud the United States by improperly obtaining title to public lands will not lie under § 5440, Rev.Stat., where the only acts charged were permissible under the land laws.

When this Court in affirming a judgment in a criminal case under the act of March 2, 1907, c. 2546, 34 Stat. 1246, has decided on a broad ground that the government cannot prosecute the case, it is not necessary for it to decide the other questions involved, which thereby become irrelevant.{2}

157 F. 264 affirmed.

Page 211 U. S. 508

The facts are stated in the opinion.

Page 211 U. S. 514

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