Legal Opinion

United States v. Fowkes

District Court, E.D. Pennsylvania

Decided January 5, 1892PublishedCited by 6 opinions

Habeas Corpus by Frank W. Fowkes, relator, and motion to court for warrant of removal, under section 1014, Rev. St., commissioner’s return 93, of 1891, of a prisoner committed by a commissioner on a warrant issued under an indictment found by the federal grand jury of the eastern division of the eastern district of Missouri, for offense against the interstate commerce act, (Act Cong.

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Habeas Corpus by Frank W. Fowkes, relator, and motion to court for warrant of removal, under section 1014, Rev. St., commissioner’s return 93, of 1891, of a prisoner committed by a commissioner on a warrant issued under an indictment found by the federal grand jury of the eastern division of the eastern district of Missouri, for offense against the interstate commerce act, (Act Cong. Feb. 4, 1887,) as amended March 2, 1889. The indictment charged that the Wabash, the New York, Chicago & St. Louis, the Central of New Jersey, the Philadelphia & Reading, and the Delaware, Lackawanna & Western…

1Opinion of the Court

Butler, District Judge.

The relator, having been arrested and bound over to court, charged with the commission of a crime in the state of Missouri, sued out a writ of habeas corpus ; and the district attorney, at the same time, applied for a warrant of removal. On return of the writ an indictment — found in Missouri — charging him with violation of section 10 of the interstate commerce statute, was presented, in justification of the arrest and detention. In answer, his counsel represented that the indictment was found without previous hearing, and that no hearing (except in form) has yet been…

2Cases cited4 opinions

  1. Ex parte StateSupreme Court of Alabama · 1883
  2. Hartman v. AvelineIndiana Supreme Court · 1878
  3. In re BuellU.S. Circuit Court for the District of Eastern Missouri · 1875
  4. Jones v. LeonardSupreme Court of Iowa · 1878

3Cited by6 opinions

  1. United States v. DanaDistrict Court, S.D. New York · 1895
  2. In re WoodDistrict Court, D. Oregon · 1899
  3. In re HackerDistrict Court, S.D. California · 1896
  4. In re HuntingtonDistrict Court, S.D. New York · 1895
  5. United States v. YarboroughDistrict Court, W.D. Virginia · 1903

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