In re Alexander
District Court, D. Massachusetts
Habeas corpus. The district attorney applied for a warrant to send the defendant [J. H. Alexander] to the district of Louisiana for trial on a criminal charge. The defendant was 'brought before a commissioner on a complaint, and the only evidence of probable cause was the certified copy of an indictment returned to the circuit court of the United States for the district of Louisiana. No evidence was offered by the defendant.
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Habeas corpus. The district attorney applied for a warrant to send the defendant [J. H. Alexander] to the district of Louisiana for trial on a criminal charge. The defendant was 'brought before a commissioner on a complaint, and the only evidence of probable cause was the certified copy of an indictment returned to the circuit court of the United States for the district of Louisiana. No evidence was offered by the defendant. By consent of both parties, the facts were brought before the judge, and spread upon the records of the court, in order to a decision whether the course pursued by the…
1Opinion of the Court
LOWELL, District Judge.
When an indictment has been found in one judicial district of the United States against a defendant not then within the jurisdiction, it has been much doubted whether the court in that district can issue 4its warrant to arrest the defendant wherever he may be found within the United States. The late CMef-Justice Taney, when attorney-general, gave it as Ms opinion that the power was possessed by the courts. 2 Op. Attys. Gen. 564. And this appears to be still the opinion of the office. 11 Op. Attys. Gen. 127. I am not aware of any decision of a court or judge upon the…
2Cited by5 opinions
- United States v. DanaDistrict Court, S.D. New York · 1895
- United States v. BrawnerDistrict Court, W.D. Tennessee · 1881
- United States v. RogersDistrict Court, W.D. Arkansas · 1885
- Hastings v. MurchieCourt of Appeals for the First Circuit · 1915
- United States v. YarboroughDistrict Court, W.D. Virginia · 1903