Does an indictment need not negative the matter of an exception made by a distinct clause?
MultiRegion, United States of America
The following excerpt is from U.S. v. Alvarez, 996 F.2d 1228 (9th Cir. 1993):
It is the general rule that an indictment " 'need not negative the matter of an exception made by a proviso or other distinct clause....' " United States v. Hester, 719 F.2d 1041, 1042 (9th Cir.1983) (citation omitted).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Where a general rule is that there are exceptions to the general rule, and other exceptions are not implied or presumed, are there other exceptions? (MultiRegion, United States of America)
Does a difference between allegations in the indictment and proof at trial constitute a constructive amendment of the indictment? (MultiRegion, United States of America)
What is the legal test for an allegation that the indictment is insufficient to allege exceptions to criminal liability created by section 474 of the Interference with Defense Investigation Act? (MultiRegion, United States of America)
Does a constructive amendment to a grand jury indictment constitute a per se violation of the grand jury clause? (MultiRegion, United States of America)
Is there an exception to the general exclusionary rule that an accused must only answer the specific charge contained in the indictment? (Canada (Federal), Canada)
Can a defendant argue for the first time on appeal that the dual sovereign exception to the double jeopardy clause does not apply because the forfeiture was a federal forfeiture? (MultiRegion, United States of America)
What is the test for a court to determine whether a matter is a political matter? (MultiRegion, United States of America)
Does the amendment to a criminal indictment make the indictment void as to all charges? (MultiRegion, United States of America)
Is there jurisdiction to hear an appeal from a finding denying the motion to dismiss an indictment based upon a violation of the double jeopardy clause? (MultiRegion, United States of America)
Does a federal indictment against a defendant in a federal racketeering case that was previously a state prosecution violate the Fifth Amendment's double jeopardy clause? (MultiRegion, United States of America)
