Legal Opinion

United States v. Dietrich

U.S. Circuit Court for the District of Nebraska

Decided January 4, 1904PublishedCited by 10 opinions

Regular terms of the Circuit and District Courts of the United States for the district of Nebraska are required to be held at Omaha commencing on the first Monday in May and on the second Monday in November of each year. December 17, 1903, during the November term of the District Court held at Omaha, the grand jury returned into that court an indictment against Charles H. Dietrich, charging him with bribery under section 1781 of the Revised Statutes [U. S. Comp.

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Regular terms of the Circuit and District Courts of the United States for the district of Nebraska are required to be held at Omaha commencing on the first Monday in May and on the second Monday in November of each year. December 17, 1903, during the November term of the District Court held at Omaha, the grand jury returned into that court an indictment against Charles H. Dietrich, charging him with bribery under section 1781 of the Revised Statutes [U. S. Comp. St. 1901, p. 1212]. The November term of the Circuit Court held at Omaha was adjourned December 24, 1903, to December 28th…

1Opinion of the CourtVan Devanter, Circuit Judge

(after stating the facts as above). The question of jurisdiction presents itself in every case, and must be answered by the court, whether propounded by counsel or not. In this case the query arises whether, upon the remission of an indictment from the District Court to the Circuit Court under section 1038, the Circuit Court may try and dispose of the case at a then current term, or must defer such proceedings until the term beginning *660next after the entry of the order of remission. The pendency of several indictments in like situation as this, and the propriety of determining the question in…

2Cases cited19 opinions

  1. Jones v. United StatesSupreme Court of the United States · 1890
  2. In re GannonCalifornia Supreme Court · 1886
  3. Williams v. NashvilleTennessee Supreme Court · 1891
  4. United States v. LynchSupreme Court of the United States · 1890
  5. The People v. . FancherNew York Court of Appeals · 1872

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3Cited by10 opinions

  1. Iannelli v. United StatesSupreme Court of the United States · 1975
  2. United States v. John Jacob BoboCourt of Appeals for the Fourth Circuit · 1973
  3. State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
  4. People Ex Rel Ward v. Chicago & Eastern Illinois Railway Co.Illinois Supreme Court · 1936
  5. In Re KarpfCalifornia Court of Appeal · 1970

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