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UNITED STATES V. BARBER, 219 U. S. 72 (1911)

U.S. Supreme Court

United States v. Barber, 219 U.S. 72 (1911)

United States v. Barber

No. 444

Argued October 17, 18, 1910

Decided January 3, 1911

219 U.S. 72


On an appeal under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246, this Court can only look to the judgment which was actually entered to determine what the action of the court below was, and not to any stipulation between the parties.

The designation of a plea does not change its essential nature, and the fact that the statute of limitations is designated as a plea in abatement and not a plea in bar, is untenable.

Even if this Court has not jurisdiction under the Act of March 2, 1907, of an appeal by the United States from a judgment sustaining a plea in abatement, it has jurisdiction if the plea sustained was in fact one in bar and based solely on the statute of limitations.

United States v. Kissel, 218 U. S. 601, followed to effect that a special plea in bar, based on the statute of limitations, to an indictment for conspiracy under § 5440, Rev.Stat., containing allegations of continuance of conspiracy to the date of filing, is not permissible; that defense must be made under the general issue.

The facts are stated in the opinion.

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