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United States v. Hamilton

109 U.S. 63, 3 S. Ct. 9, 27 L. Ed. 857, 1883 U.S. LEXIS 929
CourtSupreme Court of the United States
DecidedOctober 15, 1883
StatusPublished
Cited by19 cases

This text of 109 U.S. 63 (United States v. Hamilton) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Hamilton, 109 U.S. 63, 3 S. Ct. 9, 27 L. Ed. 857, 1883 U.S. LEXIS 929 (1883).

Opinion

Mr. Justice Bradley

delivered the opinion of the court.

The certificate of division in this case was made on a division in opinion between the judges on a motion to quash the indictment. As a motion to quash is always addressed to the discretion of the court, a decision upon it is hot error, and cannot be reviewed oh a writ of error. In the case of United States v. Rosenburgh, 7 Wall. 580, we decided the precise point, that this court cannot take cognizance of a division of opinion between the judges of a circuit court upon a motion to quash an indictment. This decision was re-affirmed in United States v. Avery, 13 Wall. 251, and in United States v. Canda, decided at October term 1881.

The ease, not being properly before us, is dismissed.

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Bluebook (online)
109 U.S. 63, 3 S. Ct. 9, 27 L. Ed. 857, 1883 U.S. LEXIS 929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hamilton-scotus-1883.