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KIRBY v. UNITED STATES

No. 164.

174 U.S. 47 (1899)

KIRBY v. UNITED STATES.

Supreme Court of United States.

Decided April 11, 1899.

Attorney(s) appearing for the Case

Mr. A.G. Safford for plaintiff in error. Mr. C.O. Bailey and Mr. Joseph Kirby were on his brief.

Mr. Assistant Attorney General Boyd for defendants in error.

MR. JUSTICE HARLAN delivered the opinion of the court.

The plaintiff in error Kirby was indicted in the District Court of the United States for the Southern Division of the District of South Dakota under the act of Congress of March 3, 1875, c. 144, entitled "An act to punish certain larcenies, and the receivers of stolen goods." 18 Stat. 479.

The first section provides that "any person who shall embezzle, steal or...

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