Stewart v. United States
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Missouri. This was a proceeding by habeas corpus. An indictment was returned against J. P. Stewart, the appellant, and against Robert Boatright, E. E. Ellis, Tj.
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Appeal from the District Court of the United States for the Western District of Missouri. This was a proceeding by habeas corpus. An indictment was returned against J. P. Stewart, the appellant, and against Robert Boatright, E. E. Ellis, Tj. B. Gillett, and G. O. Stansbury, on November 15, 1901, in the district court of the United States for the district of Kansas, Third division, charging them with an offense under section 5480 of the Revised Statutes of the United States [U. S. Gomp. St. 1901, p. 3696], Stewart, the appellant, being a resident of the Western district of Missouri, a…
1Opinion of the Court
THAYER, Circuit Judge,
after stating the case as above, delivered .the opinion of the court.
The consensus of judicial opinion seems to be that when a United. States commissioner, proceeding under section 1014 of the Revised Statutes of the United States [U. S. Comp. St. 1901, p. 716], commits a prisoner for removal to a foreign district where the prisoner has been- indicted, the prisoner may apply to the federal circuit or district court of the district where he has been arrested for a writ of habeas corpus, and if, on the return to such writ, it appears that he was committed for removal…
2Cases cited8 opinions
- In Re PalliserSupreme Court of the United States · 1890
- Stokes v. United StatesSupreme Court of the United States · 1895
- Horner v. United StatesSupreme Court of the United States · 1892
- United States v. DanaDistrict Court, S.D. New York · 1895
- In re BuellU.S. Circuit Court for the District of Eastern Missouri · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Stewart v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- Mitchell v. United StatesCourt of Appeals for the Tenth Circuit · 1942
- Foster v. United StatesCourt of Appeals for the Sixth Circuit · 1910
- Brooks v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- State v. TophamUtah Supreme Court · 1912
22 more not listed; retrieve them via the Exa API.