Peterson
Peterson v. United States
Opinion
Lead Opinion
Hunt, J.
Peterson was convicted before a commissioner in Alaska under a complaint which charged the unlawful possession of intoxicating liquor, whisky, in •violation of the provisions of the act of Congress approved February 14, 1917, commonly known as the Alaska Dry Law, 39 St. L. c. 53, p. 903 ( 48 U.S.C.A. § 261 et seq.). Upon appeal to the District Court he was convicted and sentenced to one year in jail in Alaska and to pay a fine of $1,000, and in default of the payment of the fine, to serve a term in the designated jail not to exceed one day for each $2 of the fine unpaid.
In the District Court counsel for Peterson contended that the court was without jurisdiction, in that there could be no prosecution for a felony except by indictment by a grand jury, and also upon the ground that the complaint on which the charge was based was signed “C. W. Mossman” and not “C. W. Mossman, Deputy Marshal.”
The complaint in its material part was as follows: “C. F. Peterson is accused by C. W. Mossman, Deputy United States Marshal, in this complaint of the crime of having intoxicating liquor in his possession, committed as follows.”