USA v Kearny

• Jurisdiction: China
• Date: 08 October 1923
• Court: Obsolete Court (China)
• Docket Number: 184

United States, Court for China.

(Lobingier, J.)

Case No. 184

United States

and

Kearny.

The Individual in International Law — Individuals — Position of — Creation of Criminal Offence by Treaty.

Treaties — Operation and Enforcement — Criminal Law — Creation of Offence and Imposition of Penalty by Treaty.

The Facts.—This was a prosecution of a United States citizen, under the United States Criminal Code, § 37 (35 U.S. Stat. L. 1096), for conspiracy to commit an offence against the United States, the offence being the violation of certain treaties between China and the United States forbidding the trade in arms...