United States v. Hamilton
Supreme Court of the United States
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
- United States v. RosenburghSupreme Court of the United States · 1869
- United States v. AverySupreme Court of the United States · 1872
3Cited by19 opinions
- Logan v. United StatesSupreme Court of the United States · 1892
- Kempe v. United StatesCourt of Appeals for the Eighth Circuit · 1945
- Gay v. United StatesCourt of Appeals for the Fifth Circuit · 1926
- Juarez v. StateCourt of Criminal Appeals of Texas · 1925
- Colbeck v. United StatesCourt of Appeals for the Seventh Circuit · 1925
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