Legal Opinion

United States v. Haskins

District Court, D. California

Decided February 4, 1875PublishedCited by 7 opinions

Proceeding for the removal of an offender from one district to another for trial. Section 33 of the judiciary act enacts: “That for any crime or offense against the United States, the offender may, by any justice or judge of the United States or by any justice of the peace or other magistrate of any of the United States where he may be found agreeably to the usual mode of process against offenders in such state, and at the expense of the United States, be arrested, and…

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Proceeding for the removal of an offender from one district to another for trial. Section 33 of the judiciary act enacts: “That for any crime or offense against the United States, the offender may, by any justice or judge of the United States or by any justice of the peace or other magistrate of any of the United States where he may be found agreeably to the usual mode of process against offenders in such state, and at the expense of the United States, be arrested, and imprisoned or bailed as the case may be. for trial before such court of the United States as by this act has cognizance of…

1Opinion of the Court

HILLYER, District Judge.

The first question to be answered is, whether in a criminal case in which the defendant has been indicted in one district of the United States, he can be arrested and committed in another district, in the mode pursued in the present case, and upon such commitment removed to the district in which the crime charged was committed for trial,

While the practice in the several districts has not been entirely uniform, so far as 1 can find after a somewhat careful search, the propriety of an arrest and removal substantially in the mode pursued by the government in this case,…

2Cases cited1 opinion

  1. In re BaileyUnited States Circuit Court · 1869

3Cited by7 opinions

  1. United States v. DanaDistrict Court, S.D. New York · 1895
  2. United States v. BrawnerDistrict Court, W.D. Tennessee · 1881
  3. United States v. RogersDistrict Court, W.D. Arkansas · 1885
  4. Territory v. StoneSupreme Court Of The Territory Of Dakota · 1879
  5. United States v. YarboroughDistrict Court, W.D. Virginia · 1903

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