Legal Opinion

In re Strauss

Court of Appeals for the Second Circuit

Decided November 25, 1903No. 25PublishedCited by 11 opinions

Appeal from the District Court of the United States for the Southern District of New York. The appellant is charged with the crime of obtaining $100 worth of jewelry at Youngstown, Ohio, by false pretenses contrary to the laws of that state.

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Appeal from the District Court of the United States for the Southern District of New York. The appellant is charged with the crime of obtaining $100 worth of jewelry at Youngstown, Ohio, by false pretenses contrary to the laws of that state. He was arrested as a fugitive from justice and brought before a magistrate of the city of New York, August 11, 1902. Pending the hearing the accused obtained writs of habeas corpus from the Supreme Court of New York, which were subsequently dismissed, and he was remanded to the city prison for further examination. On August 18, 1902, another city…

1Opinion of the CourtCoxe, Circuit Judge

(after stating the facts as above). The question of jurisdiction, though discussed to some extent in the briefs. *329need not be considered, for the reason that it was conceded at the argument that the District Court had full jurisdiction in the premises. It is also unnecessary to consider the legality of the magistrate’s commitment for the reasons stated in the appellant’s brief as follows:

“The first commitment, by Magistrate Pool, is spent by its own terms, the 30 clays mentioned therein and in the New York Statute (Code Or. Proc. § 830), having expired, and the commitment being by its terms…

2Cases cited14 opinions

  1. Ex Parte RoyallSupreme Court of the United States · 1886
  2. McKane v. DurstonSupreme Court of the United States · 1894
  3. Roberts v. ReillySupreme Court of the United States · 1885
  4. Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
  5. Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903

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3Cited by11 opinions

  1. State v. JoubertNebraska Supreme Court · 1994
  2. MurphyMassachusetts Supreme Judicial Court · 1947
  3. Ex parte GraberDistrict Court, N.D. Alabama · 1918
  4. In Re MartzIdaho Supreme Court · 1960
  5. Ex parte HoffstotU.S. Circuit Court for the District of Southern New York · 1910

6 more not listed; retrieve them via the Exa API.

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