Virginia v. Paul
Supreme Court of the United States
ORIGINAL. This was a petition by the Commonwealth of Virginia to this court for a writ of mandamus to the Honorable John Paul, District Judge of the United States for the Western District of Virginia, and holding the Circuit Court of the United States for that district, to command him to remand to the count}7 court of Smyth County in Virginia an indictment against Joseph II.
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ORIGINAL. This was a petition by the Commonwealth of Virginia to this court for a writ of mandamus to the Honorable John Paul, District Judge of the United States for the Western District of Virginia, and holding the Circuit Court of the United States for that district, to command him to remand to the count}7 court of Smyth County in Virginia an indictment against Joseph II. Carrico for the murder of James M. Nelson, found by the grand jury of the county, and by them returned into the county court, and of which the Circuit Court of the United States had assumed jurisdiction; and also to…
1Opinion of the CourtJustice Gray
The prosecution and punishment of crimes and offences committed against one of the States of the Union appropriately belong to the courts and authorities of the State, and can be interfered with by the Circuit Court of the United States so far only as Congress, in order to maintain the supremacy of the Constitution and laws of the United States, has expressly authorized either a removal of the prosecution into the Circuit Court of the United States for trial, or a discharge of the prisoner by writ of habeas corpus issued by that court or by a judge thereof. Tennessee v. Davis, 100 U. S. 257;…
2Cases cited13 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Virginia v. RivesSupreme Court of the United States · 1880
- In Re NeagleSupreme Court of the United States · 1890
- Tennessee v. DavisSupreme Court of the United States · 1880
- Crehore v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1889
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3Cited by69 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- Georgia v. RachelSupreme Court of the United States · 1966
- Maryland v. Soper, JudgeSupreme Court of the United States · 1926
- Hudson v. ParkerSupreme Court of the United States · 1895
- Ex Parte HardingSupreme Court of the United States · 1911
64 more not listed; retrieve them via the Exa API.