Legal Opinion

Gibson v. Mississippi

Supreme Court of the United States

Decided April 13, 1896No. 711PublishedCited by 299 opinions

ERROR TO THE SUPREME COURT OF' THE STATE OF' MISSISSIPPI. The plaintiff in error was indicted in .the Circuit Court of Washington county, Mississippi, for the crime of having, in that county and on the 12th day of December, 1892, killed and murdered one Stinson. When the case was called for trial the accused presented a petition for its removal to the Circuit Court of the. United States for the western division of the Southern District of Mississippi.

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ERROR TO THE SUPREME COURT OF' THE STATE OF' MISSISSIPPI. The plaintiff in error was indicted in .the Circuit Court of Washington county, Mississippi, for the crime of having, in that county and on the 12th day of December, 1892, killed and murdered one Stinson. When the case was called for trial the accused presented a petition for its removal to the Circuit Court of the. United States for the western division of the Southern District of Mississippi. The petition was verified by the oath of the-accused to the effect that the facts set forth in it were true and correct to the best of his…

1Opinion of the CourtJustice Hablan

The first question presented for our consideration relates to the application of the accused for the removal of the prosecution from the state court into the Circuit Court of the United States. .

By section 641 of the Bevised Statutes it is provided: “ When any civil suit or criminal prosecution is commenced in any state court, for any cause whatsoever, against any person who is denied or cannot enforce in the judicial tribunals of the State, or in the part of the State, where such suit or prosecution is pending, any right secured to him by any law pro viding for the equal civil rights of…

2Cases cited16 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Strauder v. West VirginiaSupreme Court of the United States · 1880
  3. Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
  4. Ex Parte GarlandSupreme Court of the United States · 1867
  5. Cummings v. MissouriSupreme Court of the United States · 1867

11 more not listed; retrieve them via the Exa API.

3Cited by299 opinions

  1. Swain v. AlabamaSupreme Court of the United States · 1965
  2. Tollett v. HendersonSupreme Court of the United States · 1973
  3. Bolling v. SharpeSupreme Court of the United States · 1954
  4. Collins v. YoungbloodSupreme Court of the United States · 1990
  5. Vasquez v. HillerySupreme Court of the United States · 1986

294 more not listed; retrieve them via the Exa API.

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