Ex parte Byers
District Court, E.D. Michigan
Hearing upon Writ of Habeas Corpus. Petitioner was charged before a United States commissioner with having committed an assault with a dangerous weapon with intent to kill one James Downs, on board the steamer Alaska, an American vessel, then navigating the Detroit river. Petitioner was examined, and committed, in default of bail, to await the action of the grand jury.
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Hearing upon Writ of Habeas Corpus. Petitioner was charged before a United States commissioner with having committed an assault with a dangerous weapon with intent to kill one James Downs, on board the steamer Alaska, an American vessel, then navigating the Detroit river. Petitioner was examined, and committed, in default of bail, to await the action of the grand jury. Ho thereupon petitioned for a writ of habeas corpus, upon the ground that the commissioner had no jurisdiction of the oflense.
1Opinion of the CourtBrown, J.
Practically, the only question in this case is that of jurisdiction. This question has been suggested before in several cases, but has never been squarely presented for adjudication in this court. The increasing frequency of crimes of this description, particularly upon excursion steamers, the inability of the state courts to deal with them, and the fact that seven other persons are now in custody or on bail for participation in this same assault, demand that it should be carefully considered and definitely settled. Jurisdiction in this case is dependent upon Rev. St. § 5846, which provides…
2Cases cited20 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- United States v. HollidaySupreme Court of the United States · 1866
- Wildenhus's CaseSupreme Court of the United States · 1887
- United States v. BevansSupreme Court of the United States · 1818
- United States v. CoombsSupreme Court of the United States · 1838
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3Cited by1 opinion
- United States v. PetersonDistrict Court, E.D. Wisconsin · 1894