Ex Parte Hitz

Syllabus

<p>Certiorari — Diplomatic privilege.</p> <p>A writ of certiorari when applied for by a defendant is not a writ of right but discretionary with the court.</p> <p>On arr application by a person indicted for an offence committed while president of a national bank against the provisions of § 5209 for certiorari to bring up the indictment on the ground that when the alleged offence was committed he was a political agent of a foreign government, the application- was refused when it appeared that his own government had requested his resignation .prior to the finding of the indictment, although it was not actually given till subsequent thereto, and that the political department of the Government of the United States had refused him the privilege of free entry of goods usually accorded to a diplomatic representative.</p>