Lewis v. United States, 216 U.S. 611 (1910)

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Lewis v. United States


No. 202


Motion to dismiss or affirm submitted February 28, 1910
Decided March 14, 1910
216 U.S. 611

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE EASTERN DISTRICT OF MISSOURI

Syllabus

One cannot complain until he is made to suffer, nor can one appeal from an order dismissing him from custody.

Where the indictment has been dismissed and no new indictment has been returned for the same offense and the statutory period of limitations has elapsed, the question whether accused was entitled under the Constitution to a speedy trial becomes a moot one, and a writ of error to review an order dismissing the indictment under such circumstances will be dismissed.

The facts are stated in the opinion.