Legal Opinion

Bens v. United States

Court of Appeals for the Second Circuit

Decided March 30, 1920No. 205PublishedCited by 20 opinions

Appeal from the District Court of the United States for the Eastern District of New York. Habeas corpus by Seton C. Bens against the United States. Judgment dismissing the writ, and petitioner appeals.

1Opinion of the Court

ROGERS, Circuit Judge.

The petitioner is in this court on an appeal from an order entered in the District Court on June 25, 1919, which dismissed a writ of habeas corpus previously issued, and remanded the petitioner to the custody of the United States marshal.

It appears that on February 18, 1919, the petitioner was indicted in the Eastern district of New York, being charged with the crime of conspiracy. The charge is that Bens conspired with one James Hanse to violate section 6 of the Selective Service Act, approved May 18, 1917 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 2044f), and acts…

2Cases cited65 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Ex Parte RoyallSupreme Court of the United States · 1886
  3. Frank v. MangumSupreme Court of the United States · 1915
  4. Ex Parte VirginiaSupreme Court of the United States · 1880
  5. Ex Parte SieboldSupreme Court of the United States · 1880

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3Cited by20 opinions

  1. United States v. WexlerCourt of Appeals for the Second Circuit · 1935
  2. In Re Application of HarronCalifornia Supreme Court · 1923
  3. United States v. HalbrookDistrict Court, E.D. Missouri · 1941
  4. United States v. ShapiroCourt of Appeals for the Second Circuit · 1939
  5. Bell v. United StatesCourt of Appeals for the Eighth Circuit · 1924

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