Ex parte O'Hare

Citations

• 179 F. 662
• 103 C.C.A. 220
• 1910 U.S. App. LEXIS 4686

Syllabus

<p>1. Criminal Law (§ 97*) — Jurisdiction—Locality of Offense — “Haven.”</p> <p>Waters inclosed in whole or in part by a breakwater or other artificial structure to afford a protected anchorage, as well as those so inclosed by natural land, constitute a' “haven” within Rev. St. §§ 5346, 5361, 5362 . (U. S. Comp. St. 1901, pp. 3630, 3640), making certain acts offenses against the United States when committed “upon the high seas, or in any arm ...of the sea, of in any river, haven, creek, basin or bay within the admiralty jurisdiction of the United States and out of the jurisdiction of any particular state.”</p> <p>[Ed. Note. — Por other cases, see Criminal Law, Cent. Dig. §§ 183, 184; Dec. Dig. § 97.*</p> <p>For other definitions, see Words and Phrases, vol. 4, p. 3220.]</p> <p>2. Criminal Law (§ 97*) — Jurisdiction—Locality of Offense — “Haven.”</p> <p>The waters inclosed between the shore and the government breakwaters in Lake Erie at the port of Buffalo, without as well as within the line designated on the government chart as “Buffalo Harbor Line,” constitute a “haven,” and not “high seas,” within the meaning of Rev. St. § 5346 (U. S. Comp. St. 1901, p. 3630), and an assault with a dangerous weapon committed on a vessel belonging to the United States or citizens 'thereof anchored in such waters is within the state, and not the federal, jurisdiction.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 183, 184; Dec. Dig. § 97.*</p> <p>For other definitions, see Words and Phrases, vol. 4, pp. 3287-3289.]</p> <p>3. Criminal Law (§ 97*) — Jurisdiction—Offense Committed on Vessel on a Voyage.</p> <p>A steam vessel which has been towed from her winter berth on one of the Great Lakes to an anchorage to be fitted out for tbe season, but which has not signed a crew nor had a fire built uuder her boilers, is not “on a voyage,” so that jurisdiction of an offense committed thereon is given to the courts of the United States by Act Sept. 4, 1890, c. 874, 26 St