Martin v. Splain
Court of Appeals for the D.C. Circuit
Hearing on appeals by the petitioners .from orders of the Supreme Court of the District of Columbia discharging writs, of babeas corpus and remanding the petitioners to the custody of the United States marshal.
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Hearing on appeals by the petitioners .from orders of the Supreme Court of the District of Columbia discharging writs, of babeas corpus and remanding the petitioners to the custody of the United States marshal. The Court in. the opinion stated the facts as follows: These three cases are appeals from orders in the supreme court of the District of Columbia discharging writs of habeas corpus, and remanding the appellants, Henry R. Martin, H. Robert Fowler, and Herman J. Schulteis, to the custody of the marshal for removal to the southern district of New York. The cases involved the same…
1Opinion of the CourtChief Justice Shepard
The contention of all of the appellants is that the indictment charges no offense whatever, and for that reason the removal of the parties is not justified.
The single question argued has been the insufficiency of the indictment, in that it charges no offense against the laws of the United States.
The sufficiency of the indictment is to be decided in the court in which it was returned. Beavers v. Henkel, 194 U. S. 73, 87, 48 L. ed. 882, 887, 24 Sup. Ct. Rep. 605; Benson v. Henkel, 198 U. S. 1, 10, 49 L. ed. 919, 922, 25 Sup. Ct. Rep. 569; Pierce v. Creecy, 210 U. S. 387, 402, 52 L. ed. 1113,…
2Cases cited4 opinions
- Pierce v. CreecySupreme Court of the United States · 1908
- Beavers v. HenkelSupreme Court of the United States · 1904
- Benson v. HenkelSupreme Court of the United States · 1905
- Harvey Hubbell, Inc. v. Fitzgerald Mfg. Co.District Court, D. Connecticut · 1922