Legal Opinion

Murray v. United States

Court of Appeals for the Second Circuit

Decided April 27, 1921No. 223PublishedCited by 6 opinions

In Error to the District Court of the United States for the Eastern District of New York. Criminal proceeding by the United States against John Murray, alias Michigan Shorty, and others. An order for defendants' removal to another district for trial was made, and they bring error.

1Per curiam

This is an appeal from an order of Judge Garvin, under section 1014, U. S. Revised Statutes (Comp. St. § 1674), removing the defendants to the Eastern district of North Carolina for trial under an indictment charging them with conspiring to commit an offense against the United States.

If the order is to be regarded as a step in the cause, it is interlocutory, and therefore not appealable, under section 128 of the Judicial Code (Comp. St. § 1120). Coastwise Lumber & Supply Co. v. United States, 259 Fed. 847, 170 C. C. A. 647. If it is to be regarded as an independent proceeding, the only relief…

2Cases cited1 opinion

  1. Coastwise Lumber & Supply Co. v. United StatesCourt of Appeals for the Second Circuit · 1919

3Cited by6 opinions

  1. Fries v. United StatesCourt of Appeals for the Ninth Circuit · 1922
  2. Wood v. CooperCourt of Appeals for the Eighth Circuit · 1927
  3. William Charles Galloway v. United StatesCourt of Appeals for the Tenth Circuit · 1962
  4. Meltzer v. United StatesCourt of Appeals for the Ninth Circuit · 1951
  5. Semel v. United StatesCourt of Appeals for the Fifth Circuit · 1946

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