In Re Johnson
Supreme Court of the United States
ORIGINAL. This was a petition for a writ of habeas corpus to obtain the release of the petitioner from the custody of the marshal of the Southern District of the Indian Territory, who now holds him under sentence of death for the crime of rape.
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ORIGINAL. This was a petition for a writ of habeas corpus to obtain the release of the petitioner from the custody of the marshal of the Southern District of the Indian Territory, who now holds him under sentence of death for the crime of rape. From the petition, and the return to the rule to show cause, it appears that on July 24, 1896, a warrant was issued by a commissioner for the Southern District of the Indian Territory to arrest Johnson upon the charge of rape, alleged to have been committed upon one Pearl McCormick on the same day; that subsequently, and on the 9th of October, at a…
1Opinion of the CourtJustice Brown
This case raises the question whether the United States court for the Southern District of the Indian Territory had jurisdiction to try and condemn the petitioner under the circumstances above set forth.
The following statutes are pertinent in 'this connection: By the fifth section of the act “ to establish a United States court in the Indian Territory,” etc., approved March 1, 1889, c. 333, § 5, 25 Stat. 783, it is'enacted “that the court hereby established shall, have exclusive original jurisdiction over all offences against the laws of the United States, committed within the Indian…
2Cases cited26 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Ker v. IllinoisSupreme Court of the United States · 1886
- Robb v. ConnollySupreme Court of the United States · 1884
- Covell v. HeymanSupreme Court of the United States · 1884
- Freeman v. HoweSupreme Court of the United States · 1861
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3Cited by113 opinions
- Frisbie v. CollinsSupreme Court of the United States · 1952
- Albrecht v. United StatesSupreme Court of the United States · 1927
- Beavers v. HaubertSupreme Court of the United States · 1905
- United States v. Francisco ToscaninoCourt of Appeals for the Second Circuit · 1974
- Hall v. BurrSupreme Court of the United States · 1914
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