Stephens v. United States

Full title: STEPHENS v. UNITED STATES.

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 9, 1920

262 F. 957 (9th Cir. 1920)

Opinion

262 F. 957 (9th Cir. 1920) STEPHENS v. UNITED STATES. No. 3349. United States Court of Appeals, Ninth Circuit. February 9, 1920 Criminal prosecution by the United States against E. A. Stephens. On motion for rehearing. Denied.

For former opinion, see 261 F. 590, . . . C.C.A. . . . .

PER CURIAM.

Plaintiff in error urges that the indictment 'does not allege any intent whatsoever. ' It is true that it does not use the word 'intent,' but the allegation that defendant knowingly, willfully, unlawfully, and feloniously did attempt to cause and create insubordination and disloyalty in the military and naval forces, by doing the things charged, sufficiently charged that the attempt was done with willful and unlawful purpose. Bise v. United States, 144 F. 374, 74 C.C.A. 1, 7 Ann.Cas. 165; People v. Butler, 1 Idaho, 231; State v. Rechnitz, 20 Mont. 488, 52 P. 264; State v. Clark, 32 Nev. 145, 104 P. 593, Ann. Cas. 1912C, 754; Atkinson v. State, 34 Tex.Cr.R. 424, 30 S.W. 1064; State v. Hagar, 50 W.Va. 370, 40 S.E. 393; Bunch v. State, 58 Fla. 9, 50 So. 534, 138 Am.St.Rep. 91; State v. Daly, 41 Or. 515, 70 P. 706; State v. Hughes, 31 Nev. 270, 102 P. 562; People v. Willett, 102 N.Y. 251, 6 N.E. 301.

Motion denied.