Shiver v. United States

Fifth Circuit

Shiver v. United States

73 F. 158, 19 C.C.A. 347, 1896 U.S. App. LEXIS 1790

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 20, 1896

DocketNo. 315

StatusPublished

Cited by1 cases

This text of 73 F. 158 (Shiver v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shiver v. United States, 73 F. 158, 19 C.C.A. 347, 1896 U.S. App. LEXIS 1790 (5th Cir. 1896).

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Opinion

PARDEE, Circuit Judge.

James D. Shiver, the plaintiff in error, prosecutes this writ of error to review a sentence and judgment rendered against him in the United States district court for the Southern district of Alabama upon the hearing and trial of a criminal information charging him with unlawfully cutting and removing timber from the public lands of the United States, and wherein the said Shiver was sentenced to pay a fine of §2-10 and the costs of prosecution, and be imprisoned for the period of three months, and stand committed until the payment of such fine; the said imprisonment to commence at the expiration of the period of imprisonment imposed under conviction in a certain ease, No. 1,186 of the same term of the court.

There are some nine assignments of error, but the material questions in the case were certified to the honorable supreme court of the United States for instruction as to their proper decision. The answers of the supreme court (Shiver v. U. S., 159 U. S. 491, 16 Sup. Ct. 54) are adverse to the plaintiff in error. The other questions raised by the assignments do not merit consideration. It follows that the judgment appealed from is affirmed.

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PARDEE, Circuit Judge.

James D. Shiver, the plaintiff in error, prosecutes this writ of error to review a sentence and judgment rendered against him in the United States district court for the Southern district of Alabama upon the hearing and trial of a criminal information charging him with unlawfully cutting and removing timber from the public lands of the United States, and wherein the said Shiver was sentenced to pay a fine of §2-10 and the costs of prosecution, and be imprisoned for the period of three months, and stand committed until the payment of such fine; the said imprisonment to commence at the expiration of the period of imprisonment imposed under conviction in a certain ease, No. 1,186 of the same term of the court.

There are some nine assignments of error, but the material questions in the case were certified to the honorable supreme court of the United States for instruction as to their proper decision. The answers of the supreme court (Shiver v. U. S., 159 U. S. 491, 16 Sup. Ct. 54) are adverse to the plaintiff in error. The other questions raised by the assignments do not merit consideration. It follows that the judgment appealed from is affirmed.

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Bluebook (online)

73 F. 158, 19 C.C.A. 347, 1896 U.S. App. LEXIS 1790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shiver-v-united-states-ca5-1896.

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