In re Kelly
U.S. Circuit Court for the District of Eastern Wisconsin
Application for Writ of Habeas Corpus. The petitioner, Thomas Kelly, stands committed for trial upon mittimus, isi.ued by the commissioner of this court, upon the charge that, on October 29, 1895, ho assaulted, with a dangerous weapon, one Patrick Goglilan, with intent to kill and murder, at Northwestern Branch National Home for Disabled Volunteer Soldiers, “a place ceded to, and then and there being within the exclusive jurisdiction of, the United States,” and in said…
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Application for Writ of Habeas Corpus. The petitioner, Thomas Kelly, stands committed for trial upon mittimus, isi.ued by the commissioner of this court, upon the charge that, on October 29, 1895, ho assaulted, with a dangerous weapon, one Patrick Goglilan, with intent to kill and murder, at Northwestern Branch National Home for Disabled Volunteer Soldiers, “a place ceded to, and then and there being within the exclusive jurisdiction of, the United States,” and in said district, in violation of section 5891, liev. St. U. S. The place of the alleged offense is within ihe boundaries of…
1Opinion of the CourtSeaman, District Judge
(after stating the facts as above). The courts of the United States are peculiarly of limited jurisdiction in criminal cases. Common-law crimes, as such, against the general government do not exist, and the judicial power can be exercised only over offenses which are declared and “made punishable by the constitution, laws, or treaties of the United States,” resorting to the common law, when necessary, “for the definition of terms by which offenses are designated.” Pettibone v. U. S., 148 U. S. 397, 203, 13 Sup. Ct. 542. This view of the absence of a common-law jurisdiction, and that the…
2Cases cited13 opinions
- Ex Parte SieboldSupreme Court of the United States · 1880
- The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
- Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
- Kurtz v. MoffittSupreme Court of the United States · 1885
- Chicago, Rock Island & Pacific Railway Co. v. McGlinnSupreme Court of the United States · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ryan v. StateWashington Supreme Court · 1936
- State ex rel. Lyle v. WillettTennessee Supreme Court · 1906
- Concessions Co. v. MorrisWashington Supreme Court · 1919
- Standard Oil Co. v. JohnsonCalifornia Supreme Court · 1938
- Scott v. StateSupreme Court of Alabama · 1945
15 more not listed; retrieve them via the Exa API.