Davis v. United States
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western District of Tennessee. The respondent in this case, now plaintiff in error, was convicted at the April term, 1900, of the district court for the Western district of Tennessee, of the offense defined by section 5508 of the Revised Statutes of the United States; that is to say, of having conspired with other persons to injure, oppress, threaten, and intimidate certain citizens of the United States in the free…
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In Error to the District Court of the United States for the Western District of Tennessee. The respondent in this case, now plaintiff in error, was convicted at the April term, 1900, of the district court for the Western district of Tennessee, of the offense defined by section 5508 of the Revised Statutes of the United States; that is to say, of having conspired with other persons to injure, oppress, threaten, and intimidate certain citizens of the United States in the free exercise and enjoyment of the right and privilege secured hy the constitution and laws of the United States while…
1Opinion of the CourtSevereks, Circuit Judge
A question was suggested by the district attorney at the hearing, though the point was not pressed, whether this court has appellate jurisdiction in the case. Reference was made to certain cases where the statute founds the jurisdiction to review upon writ of error the *755proceedings of the trial court upon the character of the offense charged in the indictment. But here the test of jurisdiction is the character of the offense of which the party has been convicted. The distinction is quite clear. In the present case the party has been convicted of conspiracy only, which is not a capital offense,…
2Cases cited10 opinions
- Motes v. United StatesSupreme Court of the United States · 1900
- District of Columbia v. WoodburySupreme Court of the United States · 1890
- United States v. ShapleighCourt of Appeals for the Eighth Circuit · 1893
- Patrick v. GrahamSupreme Court of the United States · 1890
- Mitchell v. MarkerCourt of Appeals for the Sixth Circuit · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Thomas v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Galatas v. United StatesCourt of Appeals for the Eighth Circuit · 1935
- United States v. ChiarellaCourt of Appeals for the Second Circuit · 1950
- Banning v. United StatesCourt of Appeals for the Sixth Circuit · 1942
- Smith v. United StatesCourt of Appeals for the Eighth Circuit · 1907
14 more not listed; retrieve them via the Exa API.