Legal Opinion

Commonwealth of Virginia v. De Hart

U.S. Circuit Court for the District of Western Virginia

Decided December 23, 1902PublishedCited by 7 opinions

Criminal Prosecution Removed from State Court. On motion to remand.

1Opinion of the Court

McDOWEUL,, District Judge.

The point for decision in this case arises on a motion by the state to remand this cause to the state court. The defendant was indicted by the grand jury of Floyd county for a felonious assault- on one N. K. Thomas. On an informal petition, subsequently amended, filed under section 643, Rev. St. U. S. [U. S. Comp. St.'1901, p. 521], the cause was removed to this *627court. The motion to remand is based on the contention that the petition as amended does not allege the state of facts necessary to give this court jurisdiction. So far as now material, the amended petition…

2Cases cited3 opinions

  1. Davis v. South CarolinaSupreme Court of the United States · 1883
  2. Carico v. WilmoreDistrict Court, W.D. Virginia · 1892
  3. Illinois v. FletcherUnited States Circuit Court · 1884

3Cited by7 opinions

  1. Matarazzo v. HustisDistrict Court, N.D. New York · 1919
  2. Preston v. EdmondsonDistrict Court, N.D. Oklahoma · 1967
  3. City of Norfolk, Virginia v. McFarlandDistrict Court, E.D. Virginia · 1956
  4. State of Virginia v. FeltsU.S. Circuit Court for the District of Western Virginia · 1904
  5. City of Norfolk v. McFarlandDistrict Court, E.D. Virginia · 1956

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