United States v. Buzzo

Supreme Court of the United States October 15, 1873

United States v. Buzzo, 85 U.S. 125 (1873)

Bbadxey

Opinion of the Court

Mr. Justice BBADXEY

delivered the opinion of the court.

As in this case the intent is the essence of the crime,§ and is not found, no judgment can be entered on the verdict, *129whether, the facts disclosed therein required a stamp to be-affixed to the draft or not. To decide the question proposed, therefore, would avail nothing. An imperfect verdict, or one on which no judgment can be rendered, must be set aside, and a venire de novo awarded.* The case must therefore be dismissed.

It is proper to observe that in the case of United States v. Isham,† recently decided by this court, we held that no stamp is required on drafts of the kind above described, when not exceeding ten dollars in amqunt.

Case dismissed.

1 Bishop’s Criminal Procedure, \ 280, or 2d edition, 523; People v. Lehman, 2 Barbour, 218, 219.

Bacon’s Abridgment, title “Verdict” (M.); Tidd’s Practice, 922, 9th ed.; Holland v. Fisher, Orlando Bridgman, 187, 188.

17 Wallace, 496. [The case had not been decided when the present one was argued. — Hep.]

Reference

Cited By: 1 case
Status: Published
Syllabus: 1. When, on a view of the record, it appears that from some fatal defect in the proceedings, no judgment can be entered against the defendant in the court below, on a suit there pending, this court will decline to answer a question certified to it on division of opinion between the judges of the Circuit Court, upon a contrary assumption. 2. On an information under the ninth section Of the Internal Revenue Act of July 13th, 1866, which enacts that any person who shall issue any instrument; &c., for the payment of money, without the same being duly stamped, “ with intent to evade the provisions of this act, shall forfeit anti pay,’.’ &c., an intent to evade is of the essence of the offence, and no judgment can be entered on a special verdict which, finding other things, does not find such intent.