United States v. Morris
U.S. Circuit Court for the District of Massachusetts
An indictment for a misdemeanor was found against the defendant, and returned into the district court [case unreported], which, having been removed to this court, the defendant filed the following plea: “Special Plea.—And now the defendant, after the reading of the indictment, says, that the same indictment was returned 'by the grand jury of the United States to the district court of the United States for this district, at the March term thereof, last past; that he appeared…
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An indictment for a misdemeanor was found against the defendant, and returned into the district court [case unreported], which, having been removed to this court, the defendant filed the following plea: “Special Plea.—And now the defendant, after the reading of the indictment, says, that the same indictment was returned 'by the grand jury of the United States to the district court of the United States for this district, at the March term thereof, last past; that he appeared before said court, and was duly arraigned to answer to said indictment, at said term, and did plead thereto the plea of…
1Opinion of the Court
CURTIS, Circuit Justice.
The first point raised by this plea is, whether this indictment has been lawfully remitted to this court, and is now regularly pending here. It is alleged that the district court had not power, under the act of 1846, a 98, § 3, to remit the indictment to this court,'for several reasons, the first of which is, that the order to remit was not made at the term when the indictment was presented. The clause of the statute under which the district court acted is as follows:—“And the sa'id district court may, moreover, in like manner, remit to the circuit court any indictment…
2Cases cited2 opinions
- People v. PineNew York Supreme Court · 1848
- Deboe v. LowenCourt of Appeals of Kentucky · 1848
3Cited by18 opinions
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Himmelfarb v. United StatesCourt of Appeals for the Ninth Circuit · 1949
- Guiteau's CaseDistrict Court, S.D. New York · 1882
- United States v. TaylorDistrict Court, D. Kansas · 1882
- State v. CooleyCourt of Appeals of North Carolina · 1980
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