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UNITED STATES V. MASON, 213 U. S. 115 (1909)

U.S. Supreme Court

United States v. Mason, 213 U.S. 115 (1909)

United States v. Mason

No. 42

Argued March 5, 1909

Decided April 5, 1909

213 U.S. 115


On an appeal taken in a criminal case by the United States under the act of March 2, 1907, c. 2564, 34 Stat. 1246, from the ruling of the circuit court sustaining a special plea in bar, this Court is limited in its review to that ruling, and cannot consider other grounds of demurrer to the indictment. United States v. Keitel, 211 U. S. 370, 211 U. S. 398.

Section 5509, Rev.Stat., does not embrace any felony or misdemeanor against a state of which, prior to the trial in federal court of the federal offense the defendants had been lawfully acquitted by a state court having full jurisdiction.

Page 213 U. S. 116

As the federal court accepts the judgment of a state court construing the meaning and scope of a state enactment, whether civil or criminal, it should also accept the judgment of a state court based on the verdict of acquittal of a crime against the state.

The facts, which involve the construction of §§ 5508 and 5509, Rev.Stat., are stated in the opinion.

Page 213 U. S. 118

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