In re Wolf
District Court, W.D. Arkansas
The petitioners in this case were, on April 9, 1886, at a term of the supreme court for the District of Columbia, indicted, together with William A. Phillips, for violation of section 2105 of the Revised Statutes; that is, for making a contract with Indians in violation of the law of the United States. Subsequently, on April 21,1886, they, together with William A. Phillips, were indicted in said court for a conspiracy to commit an offense against the United States.
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The petitioners in this case were, on April 9, 1886, at a term of the supreme court for the District of Columbia, indicted, together with William A. Phillips, for violation of section 2105 of the Revised Statutes; that is, for making a contract with Indians in violation of the law of the United States. Subsequently, on April 21,1886, they, together with William A. Phillips, were indicted in said court for a conspiracy to commit an offense against the United States. Upon the first-named indictment a warrant was issued by Stephen Wheeler, a commissioner of the United States district and circuit…
1Opinion of the CourtParker, J.
The question in this proceeding is, should these parties, Wolf and Boss, be removed to the District of Columbia for trial on either one of these indictments ? If, under the law, they should, they are not entitled to be discharged on habeas corpus. If they should not be so removed, they are entitled to a discharge, either by habeas corpus or without it.
Under the law of the United States, (section 1014, Rev. St.,) “where any offender is committed in any district other than that where the offense is to be tried, it shall be the duty of the judge of the district where such offender is imprisoned…
2Cases cited1 opinion
- United States v. ReeseU.S. Circuit Court for the District of Western Arkansas · 1879
3Cited by14 opinions
- United States v. Robert S. Falcone, Sandra S. FalconeCourt of Appeals for the Eleventh Circuit · 1991
- United States v. DanaDistrict Court, S.D. New York · 1895
- State v. LoserSupreme Court of Iowa · 1905
- Price v. McCartyCourt of Appeals for the Second Circuit · 1898
- Ex Parte ShowCourt of Criminal Appeals of Oklahoma · 1910
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