Legal Opinion · Concurring in part, dissenting in part

Hatchett v. Government of Guam

Court of Appeals for the Ninth Circuit

Decided April 29, 1954No. 13803_1Published

1Concurring in part, dissenting in partDenman, Chief Judge

I concur in the court’s sua sponte holding that the population of Guam is able to supply grand jurors to return an indictment and in the dismissal of the information for want of jurisdiction of the case in the absence of such grand jurors so acting. I also concur in the decision that the Guam district court should exercise its jurisdiction in the same way for violations of felonies created by the Guam legislature as for violations of federal felonies.

I dissent (A) from the court’s illegal act, in violation of the constitutional limitation of its authority, in giving an advisory opinion that…

2Cases cited24 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  3. Ex Parte BainSupreme Court of the United States · 1887
  4. Callan v. WilsonSupreme Court of the United States · 1888
  5. Ex Parte WilsonSupreme Court of the United States · 1885

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