Legal Opinion

Andersen v. Treat

Supreme Court of the United States

Decided November 14, 1898No. 415PublishedCited by 25 opinions

APPEAL FBOM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF VIRGINIA. John Andersen was indicted in the Circuit Court of the United States for the Eastern District of Virginia at the November term thereof, a.d. 1897, and, December 23, 1897, convicted of the murder, on August 6, 1897, on the high seas, of William Wallace Saunders, mate of the American vessel Olive Pecker, and sentenced to death.

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APPEAL FBOM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF VIRGINIA. John Andersen was indicted in the Circuit Court of the United States for the Eastern District of Virginia at the November term thereof, a.d. 1897, and, December 23, 1897, convicted of the murder, on August 6, 1897, on the high seas, of William Wallace Saunders, mate of the American vessel Olive Pecker, and sentenced to death. The case was brought to this court on error and the judgment was affirmed May 9, 1898. 170 U. S. 481. The mandate having gone down, execution of the sentence was fixed for August…

1Opinion of the CourtChief Justice Fuller

The rule that the writ of habeas corpus cannot be made use of as a writ of error being firmly established, the contention of appellant’s counsel is that the judgment of the Circuit Court, the judgment of this court and the action of the Circuit Court in pursuance of our mandate, are wholly void because he was denied “the assistance of counsel for his defence,” that is, the assistance of counsel of his own selection.

The petition was insufficient in not setting forth the proceedings, or the essential parts thereof, prior to August 26, 1898, on which day it was presented, and it was very…

2Cases cited3 opinions

  1. Craemer v. WashingtonSupreme Court of the United States · 1897
  2. In Re Shibuya JugiroSupreme Court of the United States · 1891
  3. In Re Boardman, Applicant on Behalf of DurrantSupreme Court of the United States · 1898

3Cited by25 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. United States v. Gonzalez-LopezSupreme Court of the United States · 2006
  3. Dorsey v. GillCourt of Appeals for the D.C. Circuit · 1945
  4. Fowler v. GrimesSupreme Court of Georgia · 1944
  5. Wells v. PridgenSupreme Court of Georgia · 1922

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