Ex parte O'Hare
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. Proceeding by John O’Hare for a writ of habeas corpus. From an order denying the writ (171 Fed. 290), petitioner appeals. O’Hare was arrested by the United States marshal in the city of Buffalo on a charge of violating sections 5346, 5361, and 5362, Rev. St. (U. S. Comp. St. 1901, pp. 3630, 3640), and the acts and statutes amendatory thereof.
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Appeal from the District Court of the United States for the Western District of New York. Proceeding by John O’Hare for a writ of habeas corpus. From an order denying the writ (171 Fed. 290), petitioner appeals. O’Hare was arrested by the United States marshal in the city of Buffalo on a charge of violating sections 5346, 5361, and 5362, Rev. St. (U. S. Comp. St. 1901, pp. 3630, 3640), and the acts and statutes amendatory thereof. He was held by a United States commissioner for the action of the grand jury and committed to the county jail. Writs of habeas corpus and certiorari were issued,…
1Opinion of the Court
LACOMBE, Circuit Judge.
The sections under which petitioner was arrested are as follows:
“Sec. 5346. Every person who upon the high seas or in any arm of the sea, or in any river, haven, creek, basin, or bay, within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular state, on board any vessel belonging in whole or in part to the United States, or any citizen thereof, with a dangerous weapon, or with intent to perpetrate any felony, commits an assault on another shall be punished by a fine of not more than three thousand dollars, and by imprisonment at…
2Cases cited6 opinions
- United States v. RodgersSupreme Court of the United States · 1893
- Burgess v. Equitable Marine InsuranceMassachusetts Supreme Judicial Court · 1878
- Brown v. JonesU.S. Circuit Court for the District of Massachusetts · 1815
- Bowen v. Hope InsuranceMassachusetts Supreme Judicial Court · 1838
- The BrutusU.S. Circuit Court for the District of Massachusetts · 1815
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