US SUPREME COURT DECISIONS

U.S. Supreme Court

United States v. Simmons, 96 U.S. 360 (1877)

United States v. Simmons

96 U.S. 360

CERTIFICATE OF DIVISION BETWEEN THE JUDGE OF THE CIRCUIT COURT

OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK

1. An indictment under sec. 3266 of the Revised Statutes charging the defendant with causing or procuring some other person to use a still, boiler, or other vessel for the purpose of distilling, within the intent and meaning of the internal revenue laws of the United States is bad unless it states the name of such other person, or avers that the same is unknown.

2. An averment that such use was "in a certain building and on certain premises where vinegar was manufactured and produced" is not sufficient, as it does not state that vinegar was manufactured or produced there at the time the still and other vessels were used for the purpose of distilling.

3. It is not necessary to aver that the spirits distilled were alcoholic. The allegation that the vessels were used "for the purpose of distilling, within the intent and meaning of the internal revenue laws of the United States" sufficiently advises the accused of the nature of the offense charged.