Legal Opinion

In re Dana

District Court, S.D. New York

Decided July 15, 1873PublishedCited by 15 opinions

This was an application to the district judge to issue a warrant to the marshal of this district to remove Charles A. Dana to the District of Columbia for trial, for an alleged criminal offence. The application was made under the 33d section of the act of September 24, 1789 (1 Stat. 91), which provides.

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This was an application to the district judge to issue a warrant to the marshal of this district to remove Charles A. Dana to the District of Columbia for trial, for an alleged criminal offence. The application was made under the 33d section of the act of September 24, 1789 (1 Stat. 91), which provides. “that, for any crime or offence against the United States, the offender may * * * be arrested, and imprisoned or bailed, as the case may be, for trial before such court of the United States as by this act has cognizance of the offence. * * * And, if such commitment of the offender * * * shall…

1Opinion of the Court

BLATCHFORD, District Judge,

in refusing to grant the application, said, in substance: The 3d subdivision of the 2d section of the 3d article of the constitution of the United States is in these words: “The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.” The 0th amendment to the constitution is as follows: “In all criminal prosecutions the accused shall…

2Cited by15 opinions

  1. In Re PalliserSupreme Court of the United States · 1890
  2. State v. MooreSupreme Court of Louisiana · 1916
  3. State v. GerrySupreme Court of New Hampshire · 1896
  4. United States v. TaylorDistrict Court, D. Kansas · 1882
  5. Meyers v. ShieldsDistrict Court, N.D. Ohio · 1894

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