United States v. Kono
District Court, D. Alaska
This is a motion to set aside an order heretofore entered in this cause forfeiting the bail of the defendants herein for nonappearance for arraignment.
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This is a motion to set aside an order heretofore entered in this cause forfeiting the bail of the defendants herein for nonappearance for arraignment. In October, 1911, the defendants were held to answer a charge of violating section 5 of an act of Congress, entitled “An act for the protection and regulation of the fisheries of Alaska” (34 Stat. pt. 1, p. 479), and were admitted to bail in the sum of $50 each, which bail was furnished and the defendants discharged; thereafter, and during the month of May, 1912, the defendants were indicted by the grand jury of this division of the district…
1Opinion of the Court
LYONS, District Judge.
Section 70 of the Code of Criminal Procedure for the district of Alaska (Carter’s Annotated Alaskan Codes, p. 56) provides:
“That, when the indictment is for a felony, the defendant must be personally present at the arraignment, but if it be for a misdemeanor only, and the defendant has been held to answer to the charge, his personal appearance is unnecessary, and he may appear by counsel.”
Section 179 of the Code of Criminal Procedure for the district of Alaska (Carter’s Annotated Alaskan Codes, p. 75) provides:
“That for the purpose of giving judgment, if the conviction…
2Cases cited15 opinions
- In Re BonnerSupreme Court of the United States · 1894
- Ex Parte WilsonSupreme Court of the United States · 1885
- MacKin v. United StatesSupreme Court of the United States · 1886
- In Re MillsSupreme Court of the United States · 1890
- Bannon v. United StatesSupreme Court of the United States · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. MeyersDistrict Court, D. Alaska · 1956
- United States v. LoussacDistrict Court, D. Alaska · 1923
- Constantine v. StateCourt of Appeals of Alaska · 1987
- Constantine v. StateCourt of Appeals of Alaska · 1987