New Jersey v. Corrigan

Citations

• 139 F. 758
• 1905 U.S. App. LEXIS 4720

Syllabus

<p>1. Criminal Law — Removal oe Causes — Motion to Remand — Time of Making.</p> <p>A motion to remand to the state court an indictment found therein, and removed to this court, can be made prior to the first day of the then next term of the federal court, upon the production by the state of copies of the proceedings in the state court; and this notwithstanding Rev. St. § 641 [U. S. Comp. St. 1901, p. 520], gives the petitioners until the first day of the next term in which to produce and file a copy of said proceedings in the federal court. The act does not prevent the nonpetitioning party from filing such copy before the next term, and if this be done, and a motion to remand be thereupon made upon notice, such motion will be entertained.</p> <p>2. Same — Qualification of Grand Jurors — Equal Civil Rights.</p> <p>The statute of the state of New Jersey relative to the qualifications of grand jurors considered, and held, that neither the statute itself, nor any decision of the highest court of that state, has denied to or prevented the enforcement of any rights secured to the petitioners by any law providing for the equal civil rights of citizens of the United States. Held., further, that under the facts disclosed by the petition the petitioners have adequate remedy for their alleged grievances in the state courts, and, failing therein, can obtain such relief by a writ of error to the United States Supreme Court.</p> <p>(Syllabus by the Court.)</p>