State v. Port
U.S. Circuit Court for the Northern District of Georgia
Petition for Bern oval. On the second day of July, 1880, an affidavit was made by Mary E. Jones before John B. Sutiles, Jr., a justice of the peace of Campbell county, Georgia, charging that on. June 24th last, at said county, the defendant, A. W. Port, and 12 others, did commit the offence of murder upon the person of William A. Jones. The affiant declared also that her affidavit was made that a warrant might issue for the arrest of the accused persons.
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Petition for Bern oval. On the second day of July, 1880, an affidavit was made by Mary E. Jones before John B. Sutiles, Jr., a justice of the peace of Campbell county, Georgia, charging that on. June 24th last, at said county, the defendant, A. W. Port, and 12 others, did commit the offence of murder upon the person of William A. Jones. The affiant declared also that her affidavit was made that a warrant might issue for the arrest of the accused persons. Thereupon the justice issued a warrant for the arrest of the parties charged in the affidavit, directed to any sheriff, deputy sheriff,…
1Opinion of the Court
’Woods, O. J.
It is conceded that the petition for removal contains all the averments necessary to be made, under section 643 of the United States Eevised Statutes, for the removal of a criminal prosecution from a state to the federal court.
Heretofore the constitutionality of the act under which this removal is sought has been vigorously assailed in this court. That question, however, has been definitely settled in favor of *120the constitutionality of the act by the recent decision of the supreme court of the United States in the case of the State of Tennessee v. Davis, 100 U. S. 257.
The question…
2Cases cited1 opinion
- Tennessee v. DavisSupreme Court of the United States · 1880
3Cited by3 opinions
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