United States v. Schwartz
District Court, N.D. Iowa
Walter I,. Schwartz was convicted of a violation of the White Slave Traffic Act. On motion to tax against defendant the costs upon the commissioner’s hearing in the preliminary examination. The defendant was indicted for a violation of the White Slave Traffic Act (Act June 25, 1910, c. 395, 36 Stat. 825 [Comp. St. 1916, §§ 8812-8819]), and upon arraignment pleaded guilty thereto and was sentenced to Imprisonment for 2y2 years and to pay the costs of the prosecution.
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Walter I,. Schwartz was convicted of a violation of the White Slave Traffic Act. On motion to tax against defendant the costs upon the commissioner’s hearing in the preliminary examination. The defendant was indicted for a violation of the White Slave Traffic Act (Act June 25, 1910, c. 395, 36 Stat. 825 [Comp. St. 1916, §§ 8812-8819]), and upon arraignment pleaded guilty thereto and was sentenced to Imprisonment for 2y2 years and to pay the costs of the prosecution. The United States attorney thereupon filed a motion to tax against defendant, as part of the costs; “all costs of the…
1Opinion of the CourtReed, District Judge
(after stating the facts as above). The government has filed an elaborate brief in support of its contention that, under section 974 of the Revised Statutes, tibe costs upon the preliminary hearing of a person before a United Stales commissioner held to appear before the grand jury, are taxable as a part of the costs of the prosecution if the defendant is convicted, and should be included in the judgment against him upon his conviction. Such has not been the practice in this district since its creation.
This question was before Judge Trieber in United States v. Briebach (D. C.) 245 Fed. 204,…
2Cases cited3 opinions
- Todd v. United StatesSupreme Court of the United States · 1895
- Virginia v. PaulSupreme Court of the United States · 1893
- United States v. BriebachDistrict Court, E.D. Arkansas · 1917
3Cited by5 opinions
- United States v. CasinoDistrict Court, S.D. New York · 1923
- United States v. ZerbstDistrict Court, E.D. South Carolina · 1953
- United States v. Commercial Credit Co.Court of Appeals for the Fourth Circuit · 1927
- Bevington v. United StatesCourt of Appeals for the Eighth Circuit · 1929
- In re Costs on Violation of Alaska Fishery LawsDistrict Court, D. Alaska · 1919