Georgia v. Bolton
District Court, N.D. Georgia
The defendants were United States deputy marshals, and were arrested under warrants issued by the state authorities for the alleged killing of Jackson Hicks, in Gwinnett county, whom they were attempting to arrest for illicit distilling.
Read the full summary
The defendants were United States deputy marshals, and were arrested under warrants issued by the state authorities for the alleged killing of Jackson Hicks, in Gwinnett county, whom they were attempting to arrest for illicit distilling. Prior to their examination they petitioned this court for writs of certiorari and habeas corpus, cum causa, under section 643 of the Revised Statutes, to remove the proceedings into this court, and to take the persons of the defendants out of the custody of the state officials into that of the United States marshal, and the attorney general of the state of…
1Opinion of the CourtPardee, C. J.
After an examination of all the authorities cited and to be found, we are constrained to follow the decision of Judge Woods in the Red Oak Cases, reported in 3 Fed. Rep. 117. State v. Port. The learned attorney general, who has favored us with an argument, admits the constitutionality of section 643 of the United States Revised Statutes in question, hut makes his whole contention upon the ground that the attempted removal is premature— before indictment found. The decision of Judge Woods referred to is directly in point, for it was rendered in a case identical in all its features with the one…
2Cases cited4 opinions
- Tennessee v. DavisSupreme Court of the United States · 1880
- Ex parte RobinsonU.S. Circuit Court for the District of Southern Ohio · 1855
- Georgia v. O'GradyU.S. Circuit Court for the Northern District of Georgia · 1876
- In re NeillDistrict Court, S.D. New York · 1871
3Cited by4 opinions
- Gay v. RuffSupreme Court of the United States · 1934
- State v. WilliamsSupreme Court of Louisiana · 1939
- State of Virginia v. FeltsU.S. Circuit Court for the District of Western Virginia · 1904
- Katz v. Herschel Mfg. Co.U.S. Circuit Court for the District of Nebraska · 1906