Legal Opinion

United States v. Meyers

District Court, D. Alaska

Decided December 3, 1903No. 329bPublishedCited by 3 opinions

On the 30th day of August, 1902, one George A. Hill, a deputy marshal, filed in the commissioner's court at Douglas, Alaska, a complaint against one Antone Meyers, charging him with having sold intoxicating liquor to an Indian. The complaint is sworn to before the commissioner in the following terms: “I, George A. Hill, being first duly sworn, depose and say the foregoing complaint is true, as I .verily believe. [Signed] George A. Hill.”

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On the 30th day of August, 1902, one George A. Hill, a deputy marshal, filed in the commissioner's court at Douglas, Alaska, a complaint against one Antone Meyers, charging him with having sold intoxicating liquor to an Indian. The complaint is sworn to before the commissioner in the following terms: “I, George A. Hill, being first duly sworn, depose and say the foregoing complaint is true, as I .verily believe. [Signed] George A. Hill.” Upon this complaint a warrant was issued, and thé defendant was arrested and brought into court. On the 1st day of September, 1902, the defendant appeared in…

1Opinion of the Court

BROWN, District Judge.

In argument in this court the-contention of counsel for defendant was that the warrant issued for the arrest of the defendant was not founded upon probable cause, and that the proceeding in the arrest and trial of defendant, Meyers, was therefore void; that the verification-attached to the complaint contained the words “as I verily believe”; that for that reason it was not the verification required by law, and therefore the .warrant was improperly issued; that under the Fourth Amendment to the Constitution of the United States the verification must be positive in terms,,…

2Cases cited2 opinions

  1. State v. GleasonSupreme Court of Kansas · 1884
  2. State v. BlackmanSupreme Court of Kansas · 1884

3Cited by3 opinions

  1. City of Seldovia v. LundDistrict Court, D. Alaska · 1956
  2. City of Kodiak v. ValtmanDistrict Court, D. Alaska · 1957
  3. City of Anchorage v. AndersonDistrict Court, D. Alaska · 1951

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