Melville Fuller

“ While offenses exclusively against the states are exclusively cognizable in the state courts, and offenses exclusively against the United States are exclusively cognizable in the federal courts, it is also settled that the same act or series of acts may constitute an offense equally against the United States and the state, subjecting the guilty party to punishment under the laws of each government. ”

“ Rep. 531, it was held, in an indictment for conspiracy under section 5440, Rev. St., that the conspiracy must be sufficiently charged, and cannot be aided by averments of acts done by one or more of the conspirators in furtherance of the object of the conspiracy.
The courts of the United States have no jurisdiction over offenses not made punishable by the constitution, laws, or treaties of the United States, but they resort to the common law for the definition of terms by which offenses are designated. ”

“ This was supported by the analogy of the example that where a man is charged with a homicide committed by maliciously shooting into a crowd for the purpose of killing some person against whom he bore malice, and with no intent to injure or kill the individual who was actually struck by the shot, he cannot be held excused because he did not intend to kill that particular person, and had no malice against him. ”

“ In maters of contempt, persons are not held liable for the breach of a restraining order or injunction unless they know or have notice, or are chargeable with knowledge or notice, that the writ has been issued or the order entered, or at least that application is to be made ”

“ A conspiracy is sufficiently described as a combination of two or more persons, by concerted action, to accomplish a criminal or unlawful purpose, or some purpose not in itself criminal or unlawful, by criminal or unlawful means, and the rule is accepted, as laid down by Chief Justice Shaw in Com. ”

“ People, 32 N. Y. 509; Com. v. Kirby, 2 Cush. 577; State v. Hilton, 26 Mo. 199; State v. Smith, 11 Or. 205, 8 Pac. Rep. 343; Horan v. State, 7 Tex. App. 183; Duncan v. State, 7 Humph. 148; State v. Hailey, 2 Strob. 73; State v. ”