Matter of Moran
Supreme Court of the United States
The .facts are stated in the opinion. The District Court that caused the indictment and trial of the petitioner was not organized as required by the act of Congress creating it. Sec. 69, p. 75, Wilson’s Ann. Stat. of Oklahoma. ■Both time and place are essential constituents of the organization of a court.
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The .facts are stated in the opinion. The District Court that caused the indictment and trial of the petitioner was not organized as required by the act of Congress creating it. Sec. 69, p. 75, Wilson’s Ann. Stat. of Oklahoma. ■Both time and place are essential constituents of the organization of a court. Hobart v. Hobart, 45 Iowa, 503; Columbus v. Woolen Mills Co., 30 Indiana, 436; Greenwood v. Bradford, 128 Massachusetts, 296; King v. King, 1 P. M. W. 19; In re-Allison, 13 Colorado, 535; 21 Enc. PI. & Pr. 608; Northrup v. People, 37 N. Y. 203. ' When it is attempted to hold a term or…
1Opinion of the CourtJustice Holmes
This is a petition for a writ of habeas corpus and a writ of certiorari, brought by a person imprisoned on a conviction for murder, alleging that the judgment under which he is held is void. A rule to show cause was issued and the case ' was heard.on the petition and answer. The various grounds úpon which the petition is supported are alleged to go to the jurisdiction of the trial court. Ex parte Harding, 120 U. S. 782. See New v. Oklahoma, 195 U. S. 252. A writ of habeas corpus for the same, causes 'was heard by the Circuit Court of Appeals and discharged. Ex parte Moran, 144 Fed. Rep. 594.…
2Cases cited9 opinions
- Bates v. ClarkSupreme Court of the United States · 1877
- Rawlins v. GeorgiaSupreme Court of the United States · 1906
- In Re WilsonSupreme Court of the United States · 1891
- Ex Parte HardingSupreme Court of the United States · 1887
- Post v. United StatesSupreme Court of the United States · 1896
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