|
|
Fetters v. Cunningham, 283 U.S. 638 (1931)
Contents:
Show Summary
Hide Summary
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.
Fetters v. Cunningham, 283 U.S. 638 (1931)
Fetters v. Cunningham No. 720 Argued April 16, 1931 Decided May 25, 1931 283 U.S. 638
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. In proceedings under § 1014, R.S., the inquiry is limited to the question whether there is probable cause to believe the prisoner guilty, so as to justify his commitment and removal for trial. P. 641.
2. When the indictment is produced before the committing magistrate, it is received not as a pleading, but as evidence establishing or tending to establish the commission of an offense, and the magistrate has authority to pass upon it only in that aspect. He has no authority to determine it sufficiency as a pleading. P. 641.
3. The magistrate in removal proceedings has no power to hold the facts pleaded in an indictment insufficient to charge an offense, when that question is reasonably open to a difference of opinion. Doubtful questions of law relating to the sufficiency of the indictment or the validity of the statute upon which the indictment is based, as well as all doubtful questions of fact, are matters to be left for the trial court to determine. P. 641.
District Court reversed.
Certiorari, post, p. 812, to review an order of the district court discharging the relator Cunningham in habeas corpus. The relator was in custody of a U.S. Marshal for removal for trial under an indictment in the District of Columbia. See also 26 F.2d 272; 33 id. 261; 279 U.S. 597; 282 id. 802.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Fetters v. Cunningham, 283 U.S. 638 (1931) in 283 U.S. 638 283 U.S. 639. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=MRUEQS61UV7XLRX.
MLA: U.S. Supreme Court. "Syllabus." Fetters v. Cunningham, 283 U.S. 638 (1931), in 283 U.S. 638, page 283 U.S. 639. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MRUEQS61UV7XLRX.
Harvard: U.S. Supreme Court, 'Syllabus' in Fetters v. Cunningham, 283 U.S. 638 (1931). cited in 1931, 283 U.S. 638, pp.283 U.S. 639. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=MRUEQS61UV7XLRX.
|