Legal Opinion

Kohl v. Lehlback

Supreme Court of the United States

Decided December 23, 1895No. 650PublishedCited by 127 opinions

APPEAL .FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. This was an appeal from an order of the Circuit Court of the United States for the District of New Jersey, entered May 16, 1895, denying a writ of habeas corpus on the petition of Henry Kohl therefor.

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APPEAL .FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. This was an appeal from an order of the Circuit Court of the United States for the District of New Jersey, entered May 16, 1895, denying a writ of habeas corpus on the petition of Henry Kohl therefor. Petitioner represented that he was indicted in the court of oyer and terminer and general jail delivery of Essex County, New Jersey, for the crime of murder, in December, 1894; that he moved to quash the indictment, which motion was denied, and an exception duly taken; that his trial commenced January 14 and…

1Opinion of the CourtChief Justice Fullee

In Whitten v. Tomlinson, ante, 231, the power vested in the courts and judges of the United States to grant writs Of habeas corpus for the purpose of inquiring into the cause of the restraint of liberty of persons held in custody under state authority, in alleged violation of the Constitution, laws, or treaties of the United States, is considered, and the principles which should govern their action in the exercise of this power stated; and attention is there called to the necessary and settled rule that, “ in a petition for a writ of habeas corpus, verified by the oath of the petitioner, as…

2Cases cited20 opinions

  1. McKane v. DurstonSupreme Court of the United States · 1894
  2. Ableman v. BoothSupreme Court of the United States · 1859
  3. Cancemi v. . the PeopleNew York Court of Appeals · 1858
  4. Queen v. HepburnSupreme Court of the United States · 1813
  5. CuddySupreme Court of the United States · 1889

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3Cited by127 opinions

  1. Price v. JohnstonSupreme Court of the United States · 1948
  2. Frazier v. United StatesSupreme Court of the United States · 1949
  3. Johnson v. FankellSupreme Court of the United States · 1997
  4. Dorsey v. GillCourt of Appeals for the D.C. Circuit · 1945
  5. McClaughry v. DemingSupreme Court of the United States · 1902

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