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Price v. Henkel, 216 U.S. 488 (1910)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Price v. Henkel, 216 U.S. 488 (1910)
Price v. Henkel No. 385 Argued January 7, 1910 Decided February 21, 1910 216 U.S. 488
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
Haas v. Henkel, ante, p. 462, followed as to jurisdiction of commissioner under § 1014, Rev.Stat., to remove accused who has also been indicted in the district from which removal is sought.
One good count in an indictment, under which a trial may be had in the district to which removal is sought, is enough to support an order of removal in habeas corpus proceedings, Horner v. United States, 143 U.S. 207, even though accused may be held to bail in the district from which removal is sought on an indictment of which some of the counts are similar.
But an indictment which alleges that the offense was committed in the district where found does not conclusively destroy the prima facie case made in a removal proceeding by the indictment found in the district to which removal is sought and which alleges that the offense was committed therein, and if the commissioner also heard evidence upon which he based his decision, that decision is not open to review in habeas corpus proceedings.
In this case, the independent evidence which was offered to show that accused was not in the district where the indictment was found was not conclusive.
163 F. 904 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Price v. Henkel, 216 U.S. 488 (1910) in 216 U.S. 488 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=6IG6D3SVA5LHDCB.
MLA: U.S. Supreme Court. "Syllabus." Price v. Henkel, 216 U.S. 488 (1910), in 216 U.S. 488, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6IG6D3SVA5LHDCB.
Harvard: U.S. Supreme Court, 'Syllabus' in Price v. Henkel, 216 U.S. 488 (1910). cited in 1910, 216 U.S. 488. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=6IG6D3SVA5LHDCB.
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