In Re Neagle
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. Mr. Justice Miller, on behalf of the court, stated the case as follows: This was an appeal by Cunningham, sheriff of the county of San Joaquin, in the State of California, from a judgment of the Circuit Court of the United States for the Northern District of California, discharging David Neagle from the custody of said sheriff, who held him a prisoner on a charge of murder.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. Mr. Justice Miller, on behalf of the court, stated the case as follows: This was an appeal by Cunningham, sheriff of the county of San Joaquin, in the State of California, from a judgment of the Circuit Court of the United States for the Northern District of California, discharging David Neagle from the custody of said sheriff, who held him a prisoner on a charge of murder. On the 16th day of August, 1889, there was presented to-Judge Sawyer, the Circuit Judge of the United States for the Ninth…
1Opinion of the CourtJustice Miller
If it be true, as stated in the order of the court discharging the prisoner, that he was held “ in custody for an act done in pursuance of a law of the United States, and in custody in violation of the Constitution and laws of the United States,” there does not seem to be any doubt that, under the statute on that subject, he was properly discharged by the Circuit Court.
Section 753 o’ the Revised .Statutes reads as follows:
“The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color *41of the authority of the^ United States; or is…
2Cases cited13 opinions
- Ex Parte RoyallSupreme Court of the United States · 1886
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex Parte TerrySupreme Court of the United States · 1888
- Tennessee v. DavisSupreme Court of the United States · 1880
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3Cited by394 opinions
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- Ex Parte YoungSupreme Court of the United States · 1908
- Frank v. MangumSupreme Court of the United States · 1915
- Myers v. United StatesSupreme Court of the United States · 1926
- Logan v. United StatesSupreme Court of the United States · 1892
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