US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

PRICE V. HENKEL, 216 U. S. 488 (1910)

Subscribe to Cases that cite 216 U. S. 488 RSS feed for this section

U.S. Supreme Court

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


Haas v. Henkel, ante, p. 216 U. S. 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.9d 4 affirmed.

The facts are stated in the opinion.

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™