CLUNE V. UNITED STATES, 159 U. S. 590 (1895)

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U.S. Supreme Court

Clune v. United States, 159 U.S. 590 (1895)

Clune v. United States

No. 517

Argued October 30, 1895

Decided November 18, 1895

159 U.S. 590


It is doubtful whether the record and bill of exceptions present for review the matters complained of in the brief of counsel.

On the trial of parties charged with the criminal offence of conspiring to stop the mails, contemporary telegrams from different parts of the country, announcing the stoppage of mail trains are admissible in evidence against the defendants if identified and brought home to them.

So too, the acts and declarations of persons not parties to the record are in such case admissible against the defendants if it appears that they were made in carrying the conspiracy into effect or attempting to carry it into effect.

Instructions of the court below, to become part of the record, must be incorporated in a bill of exceptions and be authenticated by the signature of the trial judge.

It is within the power of Congress to provide, for persons convicted of conspiracy to do a criminal act, a punishment more severe than that provided for persons committing such act.

The case is stated in the opinion.

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