Morse v. United States, 267 U.S. 80 (1925)

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Morse v. United States

Nos. 597 and 598

Argued January 9, 1925
Decided February 2, 1925
267 U.S. 80

APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

1. Appellants were arrested under a federal indictment in New York while traveling through the state to attend trial under another indictment which they had given bail to answer in the District of Columbia, and were thus prevented from being present there at the time set. Held that the arrest was not in violation of the due process of law clause of the Fifth Amendment. P. 81.

2. Even if arrest in such circumstances be a breach of comity as between the two federal tribunals, the objection does not concern the constitutional rights of the persons arrested, nor involve a question of jurisdiction or any error reviewable on habeas corpus. Id.

3. A judgment of a district court in habeas corpus which discharges a defendant held by a commissioner under Rev.Stats. § 1014 for removal to another district and which is based on a finding that the indictment does not charge a criminal offense, is not res judicata either as to the validity of the bench warrant issued by the court in which the indictment is pending or as to the sufficiency of the indictment itself. P. 82.

292 F. 273 affirmed.

Appeals from judgments of the district court dismissing writs of habeas corpus.