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Carbo v. United States, 364 U.S. 611 (1961)
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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.
Carbo v. United States, 364 U.S. 611 (1961)
Carbo v. United States No. 72 Argued November 16, 1960 Decided January 9, 1961 364 U.S. 611
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Under 28 U.S.C. § 2241, the United States District Court for the Southern District of California had jurisdiction in the circumstances of this case to issue a writ of habeas corpus ad prosequendum directing a New York City prison official to deliver petitioner, a prisoner of that City, to California for trial on an indictment pending there in the District Court. Pp. 611-622.
(a) At common law, the term habeas corpus was a generic term, including many species of that writ and including the writ of habeas corpus ad prosequendum. Pp. 614-615.
(b) The territorial limitation in § 2241, "within their respective jurisdictions," refers to issuance of the Great Writ, habeas corpus ad subjiciendum, for an inquiry into the cause of restraint, with which the bulk of the Act is concerned, and not to writs of habeas corpus ad prosequendum. P. 619.
(c) To the extent that lower court decisions have relied upon a contrary construction of § 2241, this Court disapproves of their conclusions. P. 621.
277 F.2d 433 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Carbo v. United States, 364 U.S. 611 (1961) in 364 U.S. 611 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=ZKNF3ZQSKM3EBUS.
MLA: U.S. Supreme Court. "Syllabus." Carbo v. United States, 364 U.S. 611 (1961), in 364 U.S. 611, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZKNF3ZQSKM3EBUS.
Harvard: U.S. Supreme Court, 'Syllabus' in Carbo v. United States, 364 U.S. 611 (1961). cited in 1961, 364 U.S. 611. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=ZKNF3ZQSKM3EBUS.
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