Kerr v. Shine
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. On June 5, 1904, a complaint was filed by F. Ramos before a United States commissioner for the District of Hawaii, charging John Kerr, the appellant herein, with having assaulted and beaten the complainant on May 19, 1904, on board the United States army transport Buford, on the high seas, within, the admiralty and maritime jurisdiction of the United States, to wit, on the Pacific…
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Appeal from the Circuit Court of the United States for the Northern District of California. On June 5, 1904, a complaint was filed by F. Ramos before a United States commissioner for the District of Hawaii, charging John Kerr, the appellant herein, with having assaulted and beaten the complainant on May 19, 1904, on board the United States army transport Buford, on the high seas, within, the admiralty and maritime jurisdiction of the United States, to wit, on the Pacific Ocean, and alleging that said appellant was an officer on said army transport, and a member of the crew thereof, and that…
1Opinion of the CourtGilbert, Circuit Judge
The question presented on the appeal is whether the District Court of Hawaii acquired jurisdiction over the person of the appellant to try him for the alleged offense. The alleged offense was committed on an American vessel on the high seas. The appellant was not placed in custody on the vessel, nor was he brought into the District of Hawaii in the custody of any person or officer. Section 730 of the Revised Statutes [U. S. Comp. St. 1901, p. 585] provides:
“The trial of all offenses committed upon the high seas or elsewhere out of the jurisdiction of any particular state or district, shall be…
2Cases cited5 opinions
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
- United States v. ThompsonU.S. Circuit Court for the District of Massachusetts · 1832
- United States v. BakerU.S. Circuit Court for the District of Southern New York · 1861
- United States v. ArwoSupreme Court of the United States · 1874
- United States v. BirdDistrict Court, D. Massachusetts · 1855
3Cited by12 opinions
- Chandler v. United StatesCourt of Appeals for the First Circuit · 1948
- United States v. John David ProvooCourt of Appeals for the Second Circuit · 1954
- United States v. Alfred ErdosCourt of Appeals for the Fourth Circuit · 1973
- United States v. Zhou LiangCourt of Appeals for the Ninth Circuit · 2000
- United States v. Jefferson D. Ross, United States of America v. Charles Elmer WynnCourt of Appeals for the Ninth Circuit · 1971
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