United States v. Newcomer

N.D. Ohio

United States v. Newcomer

27 F. Cas. 128, 12 Pitts L.J. 140

DecidedOctober 15, 1864

StatusPublished

This text of 27 F. Cas. 128 (United States v. Newcomer) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Newcomer, 27 F. Cas. 128, 12 Pitts L.J. 140 (N.D. Ohio 1864).

Pincite

Opinion

Held by

WILLSON, District Judge,

that before the warrant of removal can be granted some proof must be offered showing that the defendant committed the crime charged; or in lieu thereof, the information or affidavit on which the warrant issued, or copies of the same certified by the magistrate issuing the warrant or a copy of the indictment with a certificate of the clerk of the court in which the indictment was found, of its genuineness, and that the same is still pending must be produced. As the proof offered does not meet either of these requirements the defendant is discharged.

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Held by

WILLSON, District Judge,

that before the warrant of removal can be granted some proof must be offered showing that the defendant committed the crime charged; or in lieu thereof, the information or affidavit on which the warrant issued, or copies of the same certified by the magistrate issuing the warrant or a copy of the indictment with a certificate of the clerk of the court in which the indictment was found, of its genuineness, and that the same is still pending must be produced. As the proof offered does not meet either of these requirements the defendant is discharged.

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Bluebook (online)

27 F. Cas. 128, 12 Pitts L.J. 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-newcomer-ohnd-1864.