Legal Opinion

Benson v. United States

Supreme Court of the United States

Decided December 5, 1892No. 1007PublishedCited by 167 opinions

.ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The plaintiff in error, Benson, was indicted in the Circuit Court of the United States for the District of Kansas, jointly with one Mary Bautzahn, for a murder alleged to have been committed at the Fort Leavenworth Military Beservation, within that district, and within the exclusive jurisdiction of the United States.

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.ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The plaintiff in error, Benson, was indicted in the Circuit Court of the United States for the District of Kansas, jointly with one Mary Bautzahn, for a murder alleged to have been committed at the Fort Leavenworth Military Beservation, within that district, and within the exclusive jurisdiction of the United States. On the trial Benson’s wife was called as a witness on behalf of the government, and was admitted to testify. At the time when her evidence was taken no objection was made to it; but in a subsequent stage…

1Opinion of the CourtJustice Brewer

In June, 1891, plaintiff in error was-convicted in the Circuit Court of the United States for the District of Kansas of the crime of murder, and sentenced to be hanged. The crime was charged to have been committed on the Fort Leavenworth military reservation, in the District of Kansas, and the first question presented for our consideration is one of jurisdiction.

The Fort. Leavenworth military reservation is- within the territorial boundaries of the State of Kansas, as established by the act of admission, 12 Stat. 126, c. 20and though then the property of the government, and for a long time…

2Cases cited8 opinions

  1. Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
  2. United States v. ReidSupreme Court of the United States · 1852
  3. Chicago, Rock Island & Pacific Railway Co. v. McGlinnSupreme Court of the United States · 1885
  4. United States v. StoneSupreme Court of the United States · 1865
  5. Trustees of Brimfield v. Commissioners of PortageOhio Supreme Court · 1840

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3Cited by167 opinions

  1. Washington v. TexasSupreme Court of the United States · 1967
  2. Rock v. ArkansasSupreme Court of the United States · 1987
  3. Funk v. United StatesSupreme Court of the United States · 1933
  4. Ferguson v. GeorgiaSupreme Court of the United States · 1961
  5. Hawkins v. United StatesSupreme Court of the United States · 1958

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