United States v. Bird
District Court, D. Massachusetts
This indictment alleged an offence to have been committed on the high seas, and that the prisoner was first brought into the district of Massachusetts. Questions of jurisdiction arose upon the evidence. The counsel for the prisoner contended, that the offence, if any, was committed on the Mississippi river, and within the state of Louisiana; and further, that if committed beyond the limits of that state, the prisoner was not first brought into this district.
1Opinion of the Court
SPRAGUE, District Judge,
said that if an offence be committed within the United States, it must be tried in the state and district within which it was committed. Const. Amend. 6. If the offence be committed without the limits of the United States, on the high seas, or in a foreign port, the trial must be had in the district “where the offender is apprehended, or into which he may be first brought.” St. 1790, c. 9, § 8 (1 Stat. 113,114); St. 1825. c. 65, § 14 (4 Stat. 118). By being brought within a district, is not meant merely being conveyed thither by the ship in which the offender may first…
2Cited by2 opinions
- Kerr v. ShineCourt of Appeals for the Ninth Circuit · 1905
- United States v. ProvooDistrict Court, S.D. New York · 1954