Conetto v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the First Division of the Northern District of California; Wm. C. Van Fleet, Judge. . . Criminal prosecution by the United States against Ciro Connetto. From an order for the removal of defendant to another district for trial, he brings error.
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In Error to the District Court of the United States for the First Division of the Northern District of California; Wm. C. Van Fleet, Judge. . . Criminal prosecution by the United States against Ciro Connetto. From an order for the removal of defendant to another district for trial, he brings error. The plaintiff in error and Alfonzo Conetto were indicted in the District Court of the United States for the Southern District of Florida for violation of section 29b (1) of the Bankruptcy Act. The plaintiff in error was thereafter arrested in the Northern district of California, and after a hearing…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] It is contended that the indictment does not charge the commission of an offense against the United States, and that where an indictment is the sole basis for removal, and fails to charge an offense, the District Court has no jurisdiction to order the removal of the accused. The extent to which inquiry may be made into the validity of an indictment on removal proceedings is outlined in Benson v. Henkel, 198 U. S. 1, 10, 25 Sup. Ct. 569, 570 (49 L. Ed. 919), as follows;
“Wo have had frequent occasion to hold generally lhat technical objections should not…
2Cases cited9 opinions
- United States v. RabinowichSupreme Court of the United States · 1915
- Benson v. HenkelSupreme Court of the United States · 1905
- Cohen v. United StatesCourt of Appeals for the Second Circuit · 1907
- Kaufman v. United StatesCourt of Appeals for the Second Circuit · 1914
- Warren v. United StatesCourt of Appeals for the Fifth Circuit · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. SchiresonCourt of Appeals for the Third Circuit · 1940
- Barron v. United StatesCourt of Appeals for the First Circuit · 1925
- Fries v. United StatesCourt of Appeals for the Ninth Circuit · 1922
- Barron v. United StatesCourt of Appeals for the First Circuit · 1925