In re Beavers

Citations

• 131 F. 366
• 1904 U.S. App. LEXIS 4908

Syllabus

<p>1. Criminal Law — Bah.—Exoneration—Removal of Accused.</p> <p>Where .accused was prevented from appearing to answer an indictment for a federal offense in a certain district by reason of bis having been removed by the court for trial under an indictment in another district, such removal operated to exonerate the ball for his appearance.</p> <p>2. Same — Objections to Removal.</p> <p>Where, pending a hearing for the removal of an accused from one federal district to another, an application for removal to a third district was filed, the government, though not entitled to pursue both antagonistic proceedings for removal, was entitled to drop the one last commenced, and, after securing custody and arraignment of accused in the district to which removal was first asked, prosecute a new proceeding to remove him to the district to which a removal was desired to be effectuated by the second proceeding.</p> <p>3. Same — Several Proceedings for Removal — Discontinuance—Election.</p> <p>Where a federal prisoner was removed to a certain district for trial on an indictment pending against him in such district, he could not object to a second proceeding by the United States to remove him to another .district for trial on an indictment pending against him in. such district before be bad been tried on the indictment in the district to which he was first removed; such removal not being, prejudicial to his rights.</p>