Legal Opinion

Hendrix v. United States

Supreme Court of the United States

Decided January 3, 1911No. 319PublishedCited by 34 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF TEXAS. The facts are stated in the opinion.' Jurisdiction in a criminal case is never presumed,, but must always be shown, is never waived by a defendant, and want of jurisdiction can be attacked at-any stage of a criminal proceeding or even collaterally. In re Neilson, 131 U. S. 176; United States v. Rogers, 23 Fed.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF TEXAS. The facts are stated in the opinion.' Jurisdiction in a criminal case is never presumed,, but must always be shown, is never waived by a defendant, and want of jurisdiction can be attacked at-any stage of a criminal proceeding or even collaterally. In re Neilson, 131 U. S. 176; United States v. Rogers, 23 Fed. Rep. 662; In re Mills, 135 U. S. 270; In re Graham, 138 U. S. 451. District Courts of the United States have no jurisdiction to try capital cases, no jurisdiction to try a person indicted for murder,…

1Opinion of the CourtJustice McKenna

Hendrix was indicted in the United States court in the Indian Territory for the crime of murder, for killing one Roler W. Voss. On his motion the case was transferred for trial to the United States court for the Eastern District of Texas, at Paris, Texas. The order transferring the case recited that it was made on the motion of Hendrix, “the court being well advised in the premises.”

On the fourth of March, 1909, in the District Court, he objected to the jurisdiction of the court on the ground that the crime was committed in the State of Oklahoma, and “that under the act of Congress known as…

2Cases cited3 opinions

  1. Clyde Mattox v. United StatesSupreme Court of the United States · 1892
  2. Logan v. United StatesSupreme Court of the United States · 1892
  3. In Re JohnsonSupreme Court of the United States · 1897

3Cited by34 opinions

  1. Funk v. United StatesSupreme Court of the United States · 1933
  2. Jin Fuey Moy v. United StatesSupreme Court of the United States · 1920
  3. Griffin v. United StatesSupreme Court of the United States · 1949
  4. Dowdy v. United StatesCourt of Appeals for the Fourth Circuit · 1931
  5. Lorenzetti v. American Trust Co.District Court, N.D. California · 1942

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