Carico v. Wilmore
District Court, W.D. Virginia
At Law. Petition for a writ of habeas corpus by Joseph H. Caricc against W. D. Wilmore, jailer of Smyth county, Ya. Section 643 of the Revised Statutes of the United States provides as follows: “See. 643. When any civil suit or criminal prosecution is commenced in any court of a state against any officer appointed under or acting by authority of any revenue law of the United States now or hereafter enacted, or against any person acting under or by authority of any such…
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At Law. Petition for a writ of habeas corpus by Joseph H. Caricc against W. D. Wilmore, jailer of Smyth county, Ya. Section 643 of the Revised Statutes of the United States provides as follows: “See. 643. When any civil suit or criminal prosecution is commenced in any court of a state against any officer appointed under or acting by authority of any revenue law of the United States now or hereafter enacted, or against any person acting under or by authority of any such officer, on account of any act done under color of his office, or of any such law, or on account of any right, title, or…
1Opinion of the Court
Paul, District Judge.
“Officers who, by virtue of their offices, are conservators ofthe peace, have, at common law, the right.to arrest without warrant all persons who are guilty of a breach of the ]:>eace, or other violation of criminal law, in their presence.” 1 Amer. & Eng. Enc. Law, 734. The Revised Statutes of the United States provide as follows:
“Sec. 3452. Every person who shall have in his custody or possession any goods, wares, merchandise, articles, or objects on which taxes are imposed by law, for the purpose of selling the same in fraud of the internal revenue laws, or with design…
2Cases cited1 opinion
- Muscoe v. CommonwealthSupreme Court of Virginia · 1890
3Cited by8 opinions
- Gay v. RuffSupreme Court of the United States · 1934
- Agnello v. United StatesCourt of Appeals for the Second Circuit · 1923
- Holmes v. United StatesCourt of Appeals for the D.C. Circuit · 1926
- State of Virginia v. FeltsU.S. Circuit Court for the District of Western Virginia · 1904
- Commonwealth of Virginia v. De HartU.S. Circuit Court for the District of Western Virginia · 1902
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