Commonwealth of Virginia v. De Hart

Citations

• 119 F. 626
• 1902 U.S. App. LEXIS 5347

Syllabus

<p>1. Removal of Causes—Prosecution of Internal Revenue Officer—Acts Done Under Color of Office.</p> <p>A criminal prosecution for an assault committed by defendant in repelling an attack made upon him while acting as a posseman under appointment by a deputy United States marshal, and while assisting in an effort to find and arrest a person charged with a violation of the revenue laws, is removable into the federal court, under Rev. St. § 643 [U. S. Comp. St. 1901, p. 521], the defendant having been at least acting “under color of” office, or in the exercise of a “right or authority claimed” under a revenue law, within the meaning of said section; and it is immaterial, for purposes of removal, what motive actuated his assailant or the officer in defending himself.</p>