Crain v. United States

2 App. D.C. 549, 1894 U.S. App. LEXIS 3258
CourtDistrict of Columbia Court of Appeals
DecidedMarch 5, 1894
DocketNo. 295
StatusPublished

This text of 2 App. D.C. 549 (Crain v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crain v. United States, 2 App. D.C. 549, 1894 U.S. App. LEXIS 3258 (D.C. 1894).

Opinion

Mr. Chief Justice Alvey

delivered the opinion of the Court:

The three appellants in this case, John Crain, William Frazier and Harry Kelly, were tried and convicted on an indictment for obtaining goods by means of false pretences. They moved in arrest of judgment, and the motion having been overruled, they were sentenced to imprisonment in the penitentiary; and they bring the case here to have reviewed the judgment of the court below in overruling the motion in arrest of judgment.

There is no question as to the sufficiency of the indictment, or as to the jurisdiction of the Supreme Court of the District, into which the indictment was duly returned by the grand jury. But the question made is this: That, as it appears, the parties were arraigned upon the indictment and pleaded thereto, in Criminal Court No. 2, and they were subsequently tried, convicted and sentenced in Criminal Court No. 1, of said Supreme Court of the District,, it is therefore objected by the appellants that the record of proceedings in Criminal Court No. 1 does not show that the parties had been called upon to plead, or that they had pleaded to the indictment, in the court in which they were tried and convicted, and hence there was no sufficient record upon which judgment could be rendered. In other words, that they were arraigned and required to plead in one court, and were tried, convicted and sentenced in a different court, [552]*552without the proper record evidence of what had preceded the trial.

This contention assumes that Criminal Court No. i, and Criminal Court No. 2, are separate and independent courts, exercising independent jurisdiction. But clearly this is not the case, upon the terms of the statute providing for the organization of the present Supreme Court of this District.

The jurisdiction of the Supreme Court of this District, as originally organized under the act of Congress of March 3, 1863, Ch. 91, did nof extend to and embrace the powers and jurisdiction previously vested in the Criminal Court of this District; the latter court remaining a separate and independent court, though presided over by a judge assigned from the Supreme Court, as directed by the act of Congress of 1863. Ex parte Bradley, 7 Wall., 364, 371; Bradley v. Fisher, 13 Wall., 345. But, by the act of Congress of June 21, 1870, Ch. 141 (16 Stat. at L., 160), this independent character'of the Criminal Court was changed, and it was combined with and made part of the Supreme Court — the statute declaring that the judgments, sentences, orders, proceedings and acts of said general terms, special terms, &c., and criminal courts heretofore or hereafter rendered, made or had, shall be deemed judgments, sentences, orders, proceedings and acts of the Supreme Court.

In the Revised Statutes U. S. relating to the District of Columbia, by Section 750, it is provided that there shall be a supreme court, consisting formerly of five, but now of six justices; and by Section 753, it is provided that the several general terms and special terms of the circuit courts, district courts and criminal courts authorized by law, shall be terms of the Supreme Court of the District of Columbia; and the judgments, decrees, sentences, orders, proceedings and acts of the general terms, special terms, circuit courts, district courts and criminal courts, rendered, made, or had, are and shall be deemed judgments, decrees, sentences, orders, proceedings and acts of the Supreme Court; and by Section 759, it is provided that the special term held as the [553]*553criminal court shall be holden on the first Monday in March, the third Monday in June, and the first Monday in December, in each year. And it is further provided, by Section 763, “That any one of the justices may hold a criminal court for the trial of all crimes and offenses arising within the District.” The act of Congress of March 1, 1889, invested .the Supreme Court in general term with power, by rule of court, to regulate the period of holding its terms, the period of all special terms, and to alter the same from time to time, as may be deemed necessary. And a further provision is made, relating to this subject, in an act of Congress of March 3, 1893, Ch. 208, making appropriations for sundry civil expenses, &c. By a clause in Section 21 of this last act, it is provided that the general term of the Supreme Court of the District of Columbia, may order two terms of the Criminal Court to be held at the same time, whenever in their judgment business requires it; and they shall designate the time and place of holding the same, and the justices by whom such terms shall respectively be held; and shall make orders for a division of the criminal docket between the judges holding such terms; and juries are directed to be drawn for such criminal terms.

It appears, that justices of the Supreme Court, in general term, in pursuance of the act of Congress just recited, by an order of the 17th of April, 1893, provided for the holding of the two terms of the Criminal Court at the same time, and designated such divisions as .Criminal Court No. 1 and Criminal Court No. 2, respectively. They also provided, in the same order, that the justice assigned to Criminal Court No. 1 shall hear any cause on the criminal court dockets that shall be brought before him for trial by the district attorney, and shall receive the reports and give the usual orders to the grand jury. And the justice holding Criminal Court No. 2, may hear any cause on said dockets that may be brought before him for trial by the district attorney, except certain causes specified. The order also provides, that the district attorney shall present for trial to [554]*554the justice holding Criminal Court No. 2, all causes instituted since the incumbency of the present district attorney, and they shall stand for trial in that court, unless the public interest shall require that some of them shall be heard in Criminal Court No. 1, in which case they may be heard in the latter court.

It was in Criminal Court No. 2 that the defendants were arraigned and pleaded not guilty; but under the order just recited, directing the course of proceeding, the cause was taken into Criminal Court No. 1, where the parties were tried, convicted and sentenced.

If these special terms thus provided for were separate and independent tribunals, there would be great force in the objections urged to the proceedings by the appellants. But they are not separate and independent tribunals. They are component parts of one tribunal, the Supreme Court of the District of Columbia, and have no separate and independent existence and jurisdiction apart from such Supreme Court. As we have shown, the criminal jurisdiction previously vested in the courts of this District, was combined with and vested in the Supreme Court of this District, by the act of Congress of June 21, 1870, Ch. 141; and' all judgments, sentences, orders and proceedings had in the special terms assigned for the trial of criminal causes, thenceforth became the judgments, sentences, orders and proceedings of the Supreme Court of the District. The records of proceedings of all the special terms of the Supreme Court are the records of the one tribunal, the Supreme Court of the District.

These records are all kept and authenticated by the same clerk, and by the use of the one seal of the Supreme Court.

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Ex Parte Bradley
74 U.S. 364 (Supreme Court, 1869)
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Bluebook (online)
2 App. D.C. 549, 1894 U.S. App. LEXIS 3258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crain-v-united-states-dc-1894.