Summary

United States v. Hess — Opinion of the Court

In speaking of the necessity of greater particularity of statement, the court said, (page 558:) 'It is an elementary principle of criminal pleading that where the definition of an offense, whether it be at common law or by statute, includes generic terms, it is not sufficient that the indictment shall charge the offense in the same generic terms as in the definition; but it must state the species,-it must descend to particulars.
Source: Wikisource

United States v. Hess — Opinion of the Court

Following this rule, it must be held that the second count of the indictment before us does not sufficiently describe an offense within the statute. The essential requirements, indeed all the particulars, constituting the offense of devising a scheme to defraud, are wanting. Such particulars are matters of substance, and not of form, and their omission is not aided or cured by the verdict. It follows that the three questions certified to us must be answered in the negative
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature