In re Benson

Citations

• 130 F. 486
• 1904 U.S. App. LEXIS 4821

Syllabus

<p>1. Criminal Law — Removal of Defendant — Indictment—Sufficiency.</p> <p>The sufficiency of an indictment against a federal prisoner is to be determined by the court in which it was found, and is not a proper matter of inquiry in proceedings to remove him to the district in which he is triable.</p> <p>2. Same — Commission of Offense — Indictment—Prima Facie Evidence.</p> <p>In proceedings to remove a federal prisoner for trial to the district where the offense charged was alleged to have been committed, the indictment is prima facie evidence of the commission of the offense.</p> <p>3. Same — Evidence.</p> <p>In proceedings to remove a federal prisoner for trial to the district where the alleged crime was committed, the fact that evidence introduced failed to establish facts sufficient to constitute the offense charged did not impair the credit of the indictment, nor entitle accused to a discharge, since there may have been other and more persuasive evidence before the grand jury than was offered in such proceeding.</p> <p>4. Same — Venue.</p> <p>Where, in proceedings to remove a federal prisoner to the District of Columbia for trial, certain counts of the indictment alleged offenses committed there, it was immaterial that other counts and the evidence in such proceeding disclosed offenses committed in another state.</p> <p>5. Same — Removal to District of Columbia.</p> <p>Rev. St. § 1014 [U. S. Comp. St. 1901, p. 716], provides that, where any offender is committed in any district other than where the offense is to be tried, it shall be the duty of the judge of the district where the offender is imprisoned to issue a warrant for his removal to the district where the trial is to be had. Act Cong. Feb. 21, 1871, c. 62, 16 Stat. 426, declares that the Constitution and all laws of the United States not locally inapplicable shall have the same force and effect within the District of Columbia as elsewhere within the United States. Held, that though the District of Colum