United States ex rel. Hughes v. Gault

WADE, District Judge.

When we compare and analyze all the authorities submitted in the very complete briefs of counsel; the only real question in this ease is the sufficiency of the indictment.

If the indictment is sufficient, and the identity of the defendant is admitted or proven, a complete ease for removal is established.

Language is found in the cases which seems to indicate that the defendant is entitled to a hearing upon the merits of the question of guilt or innocence, but this question was very definitely disposed of by the Circuit Court of Appeals in this Eighth Circuit in the recent…