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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
Supreme Court of the United States·Decided October 15, 1883·Published·Cited by 19 cases

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

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