Legal Opinion

Ex parte Black

District Court, E.D. Wisconsin

Decided July 27, 1906PublishedCited by 17 opinions

Writ of habeas corpus accompanied by a writ of certiorari to the commissioner. It appears: That the defendants were arrested upon a warrant: issued upon the complaint of Edward J. Henning, Assistant United States Attorney for the Eastern district: of Wisconsin, in which there was sor out in substance the cause of action counted upon in a certain indict-m-mt against lhe defendants, who reside in Shawano in this district, which indictment was found in the district of Oregon on…

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Writ of habeas corpus accompanied by a writ of certiorari to the commissioner. It appears: That the defendants were arrested upon a warrant: issued upon the complaint of Edward J. Henning, Assistant United States Attorney for the Eastern district: of Wisconsin, in which there was sor out in substance the cause of action counted upon in a certain indict-m-mt against lhe defendants, who reside in Shawano in this district, which indictment was found in the district of Oregon on the 3d day of April, 390(5, charging a conspiracy under section 5440, Rev. St. [U. S. Comp. St. 3901, p. 3670], to…

1Opinion of the Court

QUARLES, District Judge.

It is conceded by counsel on both sides, that in passing upon the motion to remove the prisoners, the District Judge is called upon to exercise a judicial function involving-judicial discretion; but it is strenuously contended that as to any defects disclosed in this indictment, the trial court in Oregon has exclusive jurisdiction. In view of the grave consequences involved to the accused, I am persuaded that something more is expected of the District Judge in this case than a mere perfunctory sanction of the conclusions of the commissioner as to probable cause.

The law…

2Cases cited31 opinions

  1. Logan v. United StatesSupreme Court of the United States · 1892
  2. Hyde v. ShineSupreme Court of the United States · 1905
  3. United States v. BrittonSupreme Court of the United States · 1883
  4. Dealy v. United StatesSupreme Court of the United States · 1894
  5. Beavers v. HenkelSupreme Court of the United States · 1904

26 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. People v. ZamoraCalifornia Supreme Court · 1976
  2. Stewart v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  3. Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1908
  4. Breese v. United StatesCourt of Appeals for the Fourth Circuit · 1913
  5. Wilson v. United StatesCourt of Appeals for the Second Circuit · 1921

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