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United States v. Sherman

• 1878 • 98 U.S. 565 • Waite Court
United States v. Sherman was a United States Supreme Court case that dealt with the issue of whether a defendant could be convicted of a crime if the indictment was not specific enough. The case involved a man named Sherman who was charged with the crime of “uttering and publishing as true a false, forged, and counterfeited deed.” The indictment did not specify which deed Sherman was accused of uttering and publishing. The Supreme Court held that the indictment was not specific enough and that...Open Case
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Chief Waite Court
Term: 1878
Docket: 843
98 U.S. 565
25 L. Ed. 235
1878 U.S. LEXIS 1419
Argued: Mar 26, 1879

United States v. Sherman

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Opinion Summary
AI Abstract

United States v. Sherman was a United States Supreme Court case that dealt with the issue of whether a defendant could be convicted of a crime if the indictment was not specific enough. The case involved a man named Sherman who was charged with the crime of “uttering and publishing as true a false, forged, and counterfeited deed.” The indictment did not specify which deed Sherman was accused of uttering and publishing. The Supreme Court held that the indictment was not specific enough and that Sherman could not be convicted of the crime. The Court reasoned that the indictment did not provide Sherman with enough information to prepare a defense. The Court also noted that the indictment did not provide any information about the time, place, or manner in which the crime was committed. The Court concluded that the indictment was too vague and that Sherman could not be convicted of the crime. The Court held that an indictment must be specific enough to provide the defendant with enough information to prepare a defense. This case established the principle that an indictment must be specific enough to provide the defendant with enough information to prepare a defense.

Dissent Summary
AI Abstract

In United States v. Sherman, the Supreme Court was tasked with determining whether a federal statute that prohibited the sale of liquor within four miles of an Indian reservation applied to land owned by non-Indians but located within the boundaries of said reservation. The majority opinion held that it did not, as Congress had no authority over such lands and could not impose its laws on them without violating constitutional principles. Justice Field dissented from this decision, arguing that Congress had full power to regulate commerce in Indian country and thus should be able to apply its law prohibiting alcohol sales near reservations even when those lands were owned by non-Indians. He argued further that allowing such sales would undermine tribal sovereignty and lead to increased conflict between Indians and settlers living nearby, which would ultimately harm both parties involved.

Opinion written by Justice WStrong
Decided: Apr 14, 1879
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