Legal Opinion

United States v. Hamilton

Supreme Court of the United States

Decided October 15, 1883PublishedCited by 19 opinions

ON CERTIFICATE OF DIVISION IN OPINION BETWEEN THE JUDGES OF THE CIKOUIT COURT OF ' THE UNITED STATES FOR THE MIDDLE DISTRICT OF TENNESSEE.

1Opinion of the CourtJustice Bradley

The certificate of division in this case was made on a division in opinion between the judges on a motion to quash the indictment. As a motion to quash is always addressed to the discretion of the court, a decision upon it is hot error, and cannot be reviewed oh a writ of error. In the case of United States v. Rosenburgh, 7 Wall. 580, we decided the precise point, that this court cannot take cognizance of a division of opinion between the judges of a circuit court upon a motion to quash an indictment. This decision was re-affirmed in United States v. Avery, 13 Wall. 251, and in United States…

2Cases cited2 opinions

  1. United States v. RosenburghSupreme Court of the United States · 1869
  2. United States v. AverySupreme Court of the United States · 1872

3Cited by19 opinions

  1. Logan v. United StatesSupreme Court of the United States · 1892
  2. Kempe v. United StatesCourt of Appeals for the Eighth Circuit · 1945
  3. Gay v. United StatesCourt of Appeals for the Fifth Circuit · 1926
  4. Juarez v. StateCourt of Criminal Appeals of Texas · 1925
  5. Colbeck v. United StatesCourt of Appeals for the Seventh Circuit · 1925

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