Donald R. Brant v. Edwin B. Tetlow

First Circuit

Donald R. Brant v. Edwin B. Tetlow

328 F.2d 890, 1964 U.S. App. LEXIS 6099

Court of Appeals for the First Circuit·Decided March 9, 1964·No. 6255_1·Published

Opinion

PER CURIAM.

This appeal from the denial of a petition for mandamus is dismissed, following hearing, for failure to present a substantial question. We know of no principle that would compel a'district court to order a United States Commissioner to issue a criminal warrant upon an unsigned and unsworn-to complaint merely because counsel for the complainant offers to testify to its truth. No other issues need be considered.

Judgment will be entered affirming the judgment of the District Court.

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PER CURIAM.

This appeal from the denial of a petition for mandamus is dismissed, following hearing, for failure to present a substantial question. We know of no principle that would compel a'district court to order a United States Commissioner to issue a criminal warrant upon an unsigned and unsworn-to complaint merely because counsel for the complainant offers to testify to its truth. No other issues need be considered.

Judgment will be entered affirming the judgment of the District Court.

Donald R. Brant v. Edwin B. Tetlow, 328 F.2d 890, 1964 U.S. App. LEXIS 6099 (1st Cir. 1964).

Pincite

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