Legal Opinion

Rowe v. Boyle

Court of Appeals for the Ninth Circuit

Decided October 18, 1920No. 3489PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Habeas corpus by George F. Rowe against John M. Boyle, United States Marshal. From an order discharging the writ, petitioner appeals. Rowe appeals from an order discharging a writ of habeas corpus and directing his removal to the jurisdiction of New York for trial.

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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Habeas corpus by George F. Rowe against John M. Boyle, United States Marshal. From an order discharging the writ, petitioner appeals. Rowe appeals from an order discharging a writ of habeas corpus and directing his removal to the jurisdiction of New York for trial. Complaint was made before a commissioner at Seattle that Rowe and Tjosevlg and others willfully and feloniously committed certain offenses against the. laws of the United States as alleged in…

1Opinion of the CourtHunt, Circuit Judge

(after stating the facts as above). [1] After the government introduced the indictment and Rowe admitted that he was the .person named therein, a prima facie case was established. Gayon v. McCarthy, 252 U. S. 171, 40 Sup. Ct. 244, 64 L. Ed. 513.

[2] Whether the evidence considered by the District Court showed probable cause for believing defendant appellant guilty of having devised and intended to devise the scheme and artifice to defraud, as charged in the indictment, and whether defendant for the purposes of executing such scheme, and attempting so to do, unlawfully used the mails as…

2Cases cited10 opinions

  1. United States v. HessSupreme Court of the United States · 1888
  2. Haas v. HenkelSupreme Court of the United States · 1910
  3. Stallings v. SplainSupreme Court of the United States · 1920
  4. United States v. YoungSupreme Court of the United States · 1914
  5. Greene v. HenkelSupreme Court of the United States · 1902

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3Cited by6 opinions

  1. Parker v. United StatesCourt of Appeals for the Ninth Circuit · 1925
  2. Looney v. RomeroCourt of Appeals for the Eighth Circuit · 1924
  3. United States v. LittletonDistrict Court, N.D. California · 1924
  4. Littleton v. United StateCourt of Appeals for the Ninth Circuit · 1925
  5. Tjosevig v. BoyleCourt of Appeals for the Ninth Circuit · 1920

1 more not listed; retrieve them via the Exa API.

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