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Stallings v. Splain, 253 U.S. 339 (1920)
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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.
Stallings v. Splain, 253 U.S. 339 (1920)
Stallings v. Splain No. 34 Argued April 23, 1920 Decided June 1, 1920 253 U.S. 339
APPEAL FROM THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
A fugitive under indictment in one federal district may be arrested without a warrant by the marshal in another and may be detained for a reasonable time pending the initiation of removal proceedings, and a warrant issued upon the indictment in the first district will serve at least as probable cause for making the arrest. P. 341.
When a person so arrested and detained procures a writ of habeas corpus and is bailed by the court to await a hearing, the pendency of the habeas corpus proceedings does not prevent the initiation of removal proceedings based on such indictment by affidavit before a United States Commissioner and issuance of warrant thereon. P. 342.
And, in such circumstances, if he voluntarily appear before the commissioner and at his own request be bailed for his appearance in the foreign district to answer the indictment, the effect is to do away with any basis for the habeas corpus, since the actual restraint is terminated and the questions of the validity of the arrest and detention and of the right of removal are rendered immaterial. P. 343.
Under Rev.Stats., § 2294, as amended, and the rules of the General Land Office, a United States Commissioner who, in taking proof of applicants under the public land laws, collects fees and commissions for transmission to the register and receiver, receives the money as commissioner and is indictable, if he embezzle it, under § 97 of the Penal Code. P. 344.
In removal proceedings, doubts as to whether the indictment states an offense should be left to the court in which it was found. P. 345.
49 App.D.C. 38 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Stallings v. Splain, 253 U.S. 339 (1920) in 253 U.S. 339 253 U.S. 340. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=VBKGXQD7QY33UPM.
MLA: U.S. Supreme Court. "Syllabus." Stallings v. Splain, 253 U.S. 339 (1920), in 253 U.S. 339, page 253 U.S. 340. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VBKGXQD7QY33UPM.
Harvard: U.S. Supreme Court, 'Syllabus' in Stallings v. Splain, 253 U.S. 339 (1920). cited in 1920, 253 U.S. 339, pp.253 U.S. 340. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=VBKGXQD7QY33UPM.
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