Legal Opinion

United States v. Reed

U.S. Circuit Court for the District of Northern New York

Decided October 15, 1852PublishedCited by 56 opinions

This was a motion, to quash an indictment found in the district court at Buffalo, in November, 1S51, and transmitted to this court.

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This was a motion, to quash an indictment found in the district court at Buffalo, in November, 1S51, and transmitted to this court. The indictment was founded upon the 7th section of the act of congress of September ISth, 1850 (9 Stat. 464), commonly called the “Fugitive Slave Act,” and the alleged of-fence consisted in rescuing from the custody of the United States marshal, at Syracuse, Jerry, a person lawfully in his custody under that act, as a fugitive from service or labor. The indictment contained two classes of counts—one averring that the person rescued was held to service or labor in…

1Opinion of the Court

NELSON, Circuit Justice.

A preliminary question suggests itself in this case, whether the provisions of the Revised Statutes of New York (2 Rev. St. p. 724, §§ 27, 28), prescribing the objections that may be taken to the organization of grand juries, are not binding on this court, and whether, under those provisions, we are not precluded from looking into the objections which are raised. The act of congress of July 20th, 1840 (5 Stat. 394), is the act now in force regulating the drawing and impanelling of grand and petit juries in the federal courts. That act adopts the state regulations, not…

2Cases cited5 opinions

  1. People v. JewettNew York Supreme Court · 1829
  2. People v. M'KayNew York Supreme Court · 1820
  3. People v. HulbutNew York Supreme Court · 1847
  4. People v. JewettNew York Supreme Court · 1831
  5. Strother v. ChristySupreme Court of Missouri · 1829

3Cited by56 opinions

  1. Costello v. United StatesSupreme Court of the United States · 1956
  2. United States v. WilliamsSupreme Court of the United States · 1992
  3. Kaley v. United StatesSupreme Court of the United States · 2014
  4. Mulloney v. United StatesCourt of Appeals for the First Circuit · 1935
  5. United States v. Steve Navarro-Vargas, United States of America v. Jose Antonio Leon-JassoCourt of Appeals for the Ninth Circuit · 2005

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