Angle v. United States

Fourth Circuit Court of Appeals

Decided June 8, 1909.)

Fourth Circuit Court of Appeals · decided 1909-06-08

<p>In Error to the District Court of the United States for the Western District of Virginia, at Danville.</p>

Cited by 2 later decisions — most recently October 1915

1 federal appellate · 1 district ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1909-06-08

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¶1In Error to the District Court of the United States for the Western District of Virginia, at Danville.

¶2James J. Britt and R. W. Peatross (Win. P. Bynum, Jr., and Peatross & Harris, on the briefs), for plaintiff in error.

¶3Thomas L. Moore, U. S. Atty., and Samuel H. I-Ioge, Asst. U. S. Atty.

¶4Before GOFF and PRITCHARD, Circuit Judges, and BRAWLEY, District Judge.

¶5PER CURIAM.

¶6This court having decided, in the case of W. I-I. Renigar v. United States, 172 Fed. 640, that it is essential to the validity of an indictment that it be presented by the grand jury in open court, and it appearing that the indictment in this case was not so presented, it follows that, for the reasons set forth in the opinion filed at the present term, the judgment in this case must be set aside; and it is so ordered.