CAPTAIN JACK, PETITIONER
CAPTAIN JACK, PETITIONER
130 U.S. 353
Supreme Court of the United States (1889)
Caution
Also reported at: 32 L. Ed. 976 · 9 S. Ct. 546 · SCDB 1888-182 · 1889 U.S. LEXIS 1759
Cited by 3 cases
Opinion of the Court
Mr. Justice Miller delivered the opinion of the court.-
The only distinctions between this case and that of Gonshay-ee, in which the opinion has just been delivered, are:
First. That Captain Jack was sentenced to imprisonment at hard labor in the penitentiary of Ohio for thirty years, and the writ must, therefore, be directed to the keeper of that institution at Columbus in that State.
Second. That it appears by the record that in the former case the offence was committed on an Indian reservation, while in the case of Captain Jack the act was done within the judicial district, but not upon such a reservation.
"We do not consider that these differences have any influence in the decision of the question as to the jurisdiction of the court which tried them both, and that therefore in this case, as in the former, the writ of habeas corpus should issue.
Writ grcmted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dana v. Tracy, 360 F.2d 545 (1st Cir. 1966)…. 4, in the course of which Wisconsin changed its position and, in State v. Rufus, 1931, 205 Wis. 317, 237 N.W. 67, finally held that it had no jurisdiction even as to misdemeanors. The final case cited on this point, Captain Jack, Petitioner, 1889, 130 U.S. 353, 95 S.Ct. 546, 32 L.Ed. 976, is not relevant since the Court was reviewing and held invalid the custody of a federal prisoner. . Me.R.Crim.P. 46(a) “A defendant * * * may be admitted to bail after conviction and pending appeal in accordance with th…