United States v. Brawner
District Court, W.D. Tennessee
Application for a warrant of removal of the defendant to the eastern district of Missouri, for trial upon a charge of counterfeiting. The record presented to the district judge consists of the affidavit upon which the arrest was made, the warrant of the commissioner for the arrest, and his commitment to the custody of the marshal to await the action of the district judge in the premises.
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Application for a warrant of removal of the defendant to the eastern district of Missouri, for trial upon a charge of counterfeiting. The record presented to the district judge consists of the affidavit upon which the arrest was made, the warrant of the commissioner for the arrest, and his commitment to the custody of the marshal to await the action of the district judge in the premises. It appears by this record that the commissioner fixed the bail at/$5,000, and in default of it the prisoner was committed as stated. The arrest was made on the first, and the commitment on the second, of the…
1Opinion of the Court
Hammond, D. J.
It is apparent that the bail required by tlie commissioner is excessive, and the eighth amendment of the constitution is a guaranty against excessive bail. It is objected that the action of the commissioner cannot he reviewed by the district judge on this application, nor the bail reduced by him, except-upon habeas corpus, when, it is conceded, the case could be reviewed and the bail reduced. Hurd. Hab. Corp. 436; Jones v. Kelly, 17 Mass. 116; Re Kaine, 3 Blatchf. 4; Re Martin, 5 Blatchf. 303; Re Henrich, Id. 414; Re Stupp, 12 Blatchf. 501; Re McDonell, 11 Blatchf. 174; Re Van…
2Cases cited8 opinions
- In re StuppU.S. Circuit Court for the District of Southern New York · 1875
- In re BuellU.S. Circuit Court for the District of Eastern Missouri · 1875
- In re BaileyUnited States Circuit Court · 1869
- United States v. HaskinsDistrict Court, D. California · 1875
- In re AlexanderDistrict Court, D. Massachusetts · 1871
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3Cited by15 opinions
- United States v. DanaDistrict Court, S.D. New York · 1895
- Stewart v. United StatesCourt of Appeals for the Eighth Circuit · 1902
- United States Ex Rel. Brody v. HechtCourt of Appeals for the Second Circuit · 1926
- Price v. McCartyCourt of Appeals for the Second Circuit · 1898
- United States v. John Radford A/K/A John RatkovichCourt of Appeals for the Fourth Circuit · 1966
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