Ex parte Jones
U.S. Circuit Court for the District of Northern Alabama
Petition for Writ of Habeas Corpus. The petitioner is charged with unlawfully using the United States mails. Being arraigned before the commissioner, she pleaded, “Not guilty.” Della Williams testified to visiting the defendant’s house, and finding her husband there. “I then broke some panes of glass in one of the defendant’s windows to her house. I done this in order to get full view of my husband, who was standing at the back door, trying to get it open.”
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Petition for Writ of Habeas Corpus. The petitioner is charged with unlawfully using the United States mails. Being arraigned before the commissioner, she pleaded, “Not guilty.” Della Williams testified to visiting the defendant’s house, and finding her husband there. “I then broke some panes of glass in one of the defendant’s windows to her house. I done this in order to get full view of my husband, who was standing at the back door, trying to get it open.” She then testified to the receipt through the United States mails of four letters, the sending of which would be a violation of the…
1Opinion of the CourtShelby, Circuit Judge
(after stating the facts as above). In committing a prisoner to await the action of the grand jury, a United States commissioner exercises the powers common to all committing magistrates. If there is probable cause for holding the defendant for trial, he commits him; if not, he discharges him. To commit, he should not require that proof which would be necessary to convict on a trial in chief, nor should he require proof that convinces his mind of the defendant’s guilt. He should, however, require that probable cause be shown. That means that the case is made out by-proof furnishing good…
2Cases cited1 opinion
- In Re Luis Oteiza Y CortesSupreme Court of the United States · 1890
3Cited by7 opinions
- Flores Montañez v. GonzálezSupreme Court of Puerto Rico · 1957
- United States ex rel. Papaioanu v. MessickDistrict Court, D. Delaware · 1949
- Flores Montañez v. GonzálezSupreme Court of Puerto Rico · 1957
- Safford v. United StatesCourt of Appeals for the Second Circuit · 1918
- United States ex rel. Farnham v. RobinsonDistrict Court, E.D. Pennsylvania · 1903
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