United States v. Maxwell
U.S. Circuit Court for the District of Western Missouri
An information charging the defendant [William R. Maxwell] with several violations of the internal revenue laws was filed by the district attorney by leave of court Pri- or to the term, complaint on oath had been made before a United States commissioner, charging the defendant with said offenses against the revenue laws, and the defendant was arrested upon a warrant issued by the commissioner, and held to answer to the United States district court, and required to give bail…
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An information charging the defendant [William R. Maxwell] with several violations of the internal revenue laws was filed by the district attorney by leave of court Pri- or to the term, complaint on oath had been made before a United States commissioner, charging the defendant with said offenses against the revenue laws, and the defendant was arrested upon a warrant issued by the commissioner, and held to answer to the United States district court, and required to give bail in the sum of $500, which he did. At the term, the district attorney, upon the said complaint, wax-rant and recognizance…
1Opinion of the Court
DILLON, Circuit Judge.
The offense charged in the information is a misdemeanor, and not a “capital or otherwise infamous crime.” The defendant was originally arrested by virtue of a warrant issued by a *1222commissioner of the United States upon a complaint duly made to him under oath, showing probable cause. There is, therefore, no ground to claim that the guarantees of personal liberty secured by the fourth amendment to the constitution have been violated, which provides that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place…
2Cases cited2 opinions
- Commonwealth v. ShaverSupreme Court of Pennsylvania · 1842
- People v. WhippleCourt Of Oyer And Terminer New York · 1827
3Cited by13 opinions
- Weeks v. United StatesCourt of Appeals for the Second Circuit · 1914
- Withaup v. United StatesCourt of Appeals for the Eighth Circuit · 1903
- BANKERS'MORTG. CO. OF TOPEKA, KAN. v. McCombCourt of Appeals for the Tenth Circuit · 1932
- United States v. GillDistrict Court, D. New Mexico · 1931
- United States v. CoppersmithUnited States Circuit Court · 1880
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