Starr v. United States
Supreme Court of the United States
EEEOE TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. Henry Stárr was convicted of the murder of Floyd Wilson, a white man and not an Indian, on December 13, 1892, at the Cherokee Nation in the Indian Territory, and, November 4, 1893, sentenced to be hanged on February 20, 1894, and thereupon sued out this writ of error.
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EEEOE TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. Henry Stárr was convicted of the murder of Floyd Wilson, a white man and not an Indian, on December 13, 1892, at the Cherokee Nation in the Indian Territory, and, November 4, 1893, sentenced to be hanged on February 20, 1894, and thereupon sued out this writ of error. It appeared on the trial that on November 18, 1892, a warrant was issued by a United States commissioner for the .Western District of Arkansas for the arrest of Starr and • others on a charge of larceny, which was delivered for execution to…
1Opinion of the CourtChief Justice Fuller
1. Exception was taken to the admission of the warrant in evidence, and also to the reference thereto as valid process in the charge of the court, upon the single ground that it bore no seal.
It was not contended that a seal is required to such a warrant by any act of Congress or any statute, of the State of Arkansas, but the argument is that a warrant of arrest at common law was void if it were without seal, and that the common law rule so asserted was applicable.
In Padfield v. Cabell, Willes, 411, it was held that a warrant need not be under seal unless required by statute, and Willes, C.…
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