Legal Opinion

In re Bailey

United States Circuit Court

Decided October 15, 1869PublishedCited by 8 opinions

Letters upon the subject of the arrest in one district of a person accused of crime committed in another district. A warrant issued by a commissioner in the northern district of Illinois for the arrest of Chauncey Bailey, for an offence committed in that district, was, with affidavits supporting the charge, submitted [by Vallette and Bearce] to Mr. Justice Miller, with the request for an order to the marshal of the district of Iowa to make the arrest, in order that the…

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Letters upon the subject of the arrest in one district of a person accused of crime committed in another district. A warrant issued by a commissioner in the northern district of Illinois for the arrest of Chauncey Bailey, for an offence committed in that district, was, with affidavits supporting the charge, submitted [by Vallette and Bearce] to Mr. Justice Miller, with the request for an order to the marshal of the district of Iowa to make the arrest, in order that the accused might be removed to ‘the district in Illinois for trial.

1Opinion of the Court

The request was accompanied by the statement that it was recommended by Mr. District Judge Drummond, as if he approved it and considered it proper to be granted. The same question having presented itself on a previous occasion to Mr. District Judge Love, upon a like application for the arrest of one Cook and one Tracy, similarly proceeded against, Mr. Justice Miller applied to him for his views. It may be proper here to state, that in what Judge Drummond had said in respect of the matter, he had not intended to be understood as approving the proceeding. He had not examined or considered the…

2Cited by8 opinions

  1. United States v. DanaDistrict Court, S.D. New York · 1895
  2. United States v. BrawnerDistrict Court, W.D. Tennessee · 1881
  3. In re EllerbeU.S. Circuit Court for the District of Eastern Missouri · 1882
  4. In re GravesDistrict Court, N.D. Iowa · 1886
  5. United States v. HaskinsDistrict Court, D. California · 1875

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