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

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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

Syllabus

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.





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