BARWICK

v.

ROBERTS, COMMISSIONER OF AGRICULTURE, ET AL.

Citator

Cited By

• Edgerton v. United States, 143 F.2d 697 (9th Cir. 1944)
  …d, as meaning to confine its application only to those cases where but lor the amendment the indictment would fail to state a cause of action. Cf. concurring opinion of Judge Hutcheson in Ralston v. Cox, 5 Cir., 123 F. 2d 196, 197, certiorari denied 315 U.S. 796, 62 S.Ct. 488, 86 L.Ed. 1197. Instead, it would appear t,o be a reaffirmation of the principle that a count cannot be stricken in part as distinguished from a dismissal of the whole count. Such an interpretation is borne out by the case of Ford v.…
• Morgan v. Thomas, 448 F.2d 1356 (5th Cir. 1971)
  …self-incrimination to avoid.. divulging the identity, status and location of his assets in the state proceedings, the district court relied heavily on the cases of Shepard v. Barron, supra, and Ralston v. Cox, 5 Cir., 1941, 123 F. 2d 196, cert. den. 315 U.S. 796, 62 S.Ct. 488, 86 L.Ed. 1197. In Shepard v. Barron, the Court held that where a landowner initiates a procedure under a state statute to issue bonds to finance the construction of a road adjacent to his property to be paid for by a frontage assessm…