In re Leaken

Citations

• 137 F. 680
• 1905 U.S. App. LEXIS 5011

Syllabus

<p>1. Habeas Corpus—United States Officers.</p> <p>Rev. St. §§ 753, 763 [U. S. Comp. St. 1901, pp. 592, 594], provide that the writ of habeas corpus shall in no ease extend to a prisoner in jail, unless he is in custody for an act done or omitted in pursuance of a law of the United States, or _ of an order, process, or decree of a court or judge thereof, in which case the court or judge shall proceed in a summary way to determine the facts of the case, and dispose of the party as law and justice require. Held, that such sections confer jurisdiction on federal courts to release on habeas corpus an officer of the United States held in custody for an act done or omitted under authority vested in him by the laws of the United States, though there was no act of Congress covering the particular case.</p> <p>2. Same—Assistant District Attorneys.</p> <p>Assistant district attorneys appointed by a United States district judge, as authorized by Act Cong. May 28, 1896, c. 252, § 8, 29 Stat. 181 [U. S. Comp. St. 1901, p. 613], are officers of the United States courts for their respective districts.</p> <p>3. Same—State Courts—Contempt.</p> <p>Where petitioner, in his official capacity as assistant United States district attorney, procured the production of state court records before a federal grand jury under an ordinary subpoena duces tecum, and thereafter held possession of such records as such attorney, he was not subject to punishment for contempt of the state court for failure to return such records on demand.</p>