United States v. Taylor
District Court, M.D. Tennessee
Wash Taylor, Jameé Robertson, Theo Dismukes, and others were indicted for violating Penal Code, § 143, denouncing as a crime the rescue of prisoners. On demurrer by the United States to a plea in abatement by certain defendants, Indictment against Wash Taylor and six other defendants for alleged violation of section 143 of the Fenal Code (Comp. St. § 10313). Plea in abatement by the defendants James Robertson and Theo.
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Wash Taylor, Jameé Robertson, Theo Dismukes, and others were indicted for violating Penal Code, § 143, denouncing as a crime the rescue of prisoners. On demurrer by the United States to a plea in abatement by certain defendants, Indictment against Wash Taylor and six other defendants for alleged violation of section 143 of the Fenal Code (Comp. St. § 10313). Plea in abatement by the defendants James Robertson and Theo. Dismukes on the ground of prior jurisdiction of the State of Tennessee acquired in pending criminal proceedings commenced against them before the institution of the proceedings…
1Opinion of the Court
SANFORD, District Judge.
The defendants plead in abatement the prior jurisdiction of the State of Tennessee as obtained through! the proceedings alleged in the plea in connection with their arrest and custody on a criminal charge under the laws of Tennessee.
[1-3] I assume that on the alleged facts the State court has, under the rules stated in Taylor v. Taintor, 16 Wall. 366, 370, 21. L. Ed. 287, and In re Johnson, 167 U. S. 120, 124, 17 Sup. Ct. 735, 42 L. Ed. 103, acquired a prior and exclusive jurisdiction over the defendants, with which no other court'may interfere. This is, however,…
2Cases cited13 opinions
- Ponzi v. FessendenSupreme Court of the United States · 1922
- Beavers v. HaubertSupreme Court of the United States · 1905
- Taylor v. TaintorSupreme Court of the United States · 1873
- Wales v. WhitneySupreme Court of the United States · 1885
- Stallings v. SplainSupreme Court of the United States · 1920
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3Cited by2 opinions
- Bert Strand, Sheriff of San Diego County, State of California v. William SchmittrothCourt of Appeals for the Ninth Circuit · 1957
- United States v. BurlDistrict Court, E.D. Illinois · 1946