Mullowny v. Mowatt
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the respondent from a judgment of the Supreme Court of the District of Columbia refusing to quash writs of certiorari and prohibition issued to the Police Court.
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Hearing on an appeal by the respondent from a judgment of the Supreme Court of the District of Columbia refusing to quash writs of certiorari and prohibition issued to the Police Court. The Court in the opinion stated the facts as follows: There was filed in behalf of the United States, in the police court of the District, against Alexander Mowatt, the appellee, as defendant, an information in ten counts, charging ten separate and distinct violations of the food and drugs act of June 30, 1906. Thereupon the defendant challenged the jurisdiction of the court on the ground that the prosecution…
1Opinion of the Court
Wr. Justice Robb
delivered the opinion of the Court:
As this court had already ruled that the police court was a proper court of the United States within the meaning of said food and drugs act (Huyler’s v. Houston, 41 App. D. C. 452), and that act required prosecutions to be by the United States district attorney, the writs ought not to have issued, whatever view the court may have entertained of sec. 933 of the District Code [31 Stat. at L. 1341, chap. 854], which provides that if in any case any question shall arise as to whether the prosecution should be conducted by the corporation counsel…
2Cited by1 opinion
- In re MarshallDistrict of Columbia Court of Appeals · 1983