United States v. Schumann
U.S. Circuit Court for the District of California
Question certified for the opinion of the court by a United States commissioner. One Sehumann, having beeD brought before a United States commissioner at the city of San Francisco, for examination upon a charge of having committed a public offense against the laws of the United States, the district-attorney proposed, before the examination was completed, to dismiss the proceeding.
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Question certified for the opinion of the court by a United States commissioner. One Sehumann, having beeD brought before a United States commissioner at the city of San Francisco, for examination upon a charge of having committed a public offense against the laws of the United States, the district-attorney proposed, before the examination was completed, to dismiss the proceeding. The commissioner applied to Judges FIELD and HOFFMAN, then holding the circuit court, for their opinion as to the power of the district-attorney to do so. The following opinion was rendered in answer to this…
1Opinion of the Court
FIELD, Circuit Justice.
We have looked into the question upon which the commissioner has asked the opinion of the court as to the control of the district-attorney over criminal proceedings pending before him; and will briefly state the conclusion we have reached. The district-attorney, we are informed, asserts an absolute right to dismiss any criminal proceedings before the commissioner both before and after the examination of the accused. The commissioner, on the other hand, denies such control, and insists that his authority is independent of any action of the district-attorney, and is to be…
2Cited by11 opinions
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- United States v. BeaversDistrict Court, S.D. New York · 1903
- In re Sing TuckU.S. Circuit Court for the District of Northern New York · 1903
- United States v. EbbsDistrict Court, W.D. North Carolina · 1881
- Billis v. StateWyoming Supreme Court · 1990
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