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United States v. Deguirro

United States v. Deguirro, 152 F. 568 (N.D. Cal. 1906)
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Court
District Court, N.D. California · Federal District Courts
Decided
October 2, 1906
Judges
Haven
Citations
152 F. 5681906 U.S. Dist. LEXIS 16
Headnotes
Woods and Forests — Forest Reservations — Violation oe Regulations. The violation of the rule of the Secretary of the Interior forbidding the pasturing of live stock on a forest reservation without a permit is punishable criminally, under Act June 4, 1897, 30 Stat. 35 [U. S. Comp. St. 1901, p. 1540], which authorizes the making of such regulations and prescribes the punishment for their violation.
Summary
On Motion in Arrest of Judgment. This action was begun upon an indictment filed February 2, 1906, charging the defendants with unlawfully pasturing sheep over the Stanislaus forest reserve without having secured permit. A motion in arrest of judgment was interposed. The motion was denied by the court on October 2, 1906, and each of the defendants was fined the sum of $20. The motion in arrest of judgment was made upon the ground that the violation of the regulation in question was not a crime, and that it was beyond the authority of Congress and the Secretary of the Interior to make violation of the said regulation punishable.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Haven

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DE HAVEN, District Judge.

The general reasoning found in the opinion of the Circuit Court of Appeals for this circuit in the case of Dastervignes v. United States, 122 Fed. 30 , 58 C. C. A. 346 , has created in my mind such doubt of the correctness of my prior decision in the case of United States v. Peter Camou, filed June 24, 1902 (not reported), that I deem it proper at this time to overrule the motion to defendants for an arrest of judgment; and if dissatisfied with this ruling, the defendants have the right to bring the question involved before the Circuit Court of Appeals for decision.

The motion in arrest of judgment will be denied, and each of the defendants fined in the sum of $20.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1907: 11909: 11910: 21911: 119072026peak 1910 · 2

Relies on it most ⓘ

  1. Sperry & Hutchinson Company, Plff. In Err., V220 U.S. 502 (1911)
  2. United States v. Rizzinelli182 F. 675 (D. Idaho 1910)
  3. United States v. Louisville & N. R.176 F. 942 (N.D. Ala. 1910)
  4. United States v. Grimaud170 F. 205 (S.D. Cal. 1909)
  5. United States v. Bale156 F. 687 (D.S.D. 1907)

Most recent

  1. Sperry & Hutchinson Company, Plff. In Err., V220 U.S. 502 (1911)
  2. United States v. Rizzinelli182 F. 675 (D. Idaho 1910)
  3. United States v. Louisville & N. R.176 F. 942 (N.D. Ala. 1910)
  4. United States v. Grimaud170 F. 205 (S.D. Cal. 1909)
  5. United States v. Bale156 F. 687 (D.S.D. 1907)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Dastervignes v. United States, 122 F. 30 (9th Cir. 1903) 23

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