New York v. Eno

Citations

• 155 U.S. 89
• 15 S. Ct. 30
• 39 L. Ed. 80
• 1894 U.S. LEXIS 2252

Syllabus

<p>Whether an offence described in an indictment in a state court is an offence against the laws of that State and punishable thereunder, or whether it is made by Federal statutes an offence against the United States, exclusively cognizable by their courts, and whether the same act may be an offence against both national and state governments, punishable in the tribunals of each, without infringing'upon the constitutional, guaranty against being twice put in jeopardy of limb for the same off'ence, are questions which a state court of original jurisdiction is competent to decide in the first instance; and, (its obligation to render such decision as will give full effect to the supreme law of the land, and protect any right secured by it to the accused, being the same that rests upon the courts of the United States,) the latter, if applied to for a writ of habeas corpus in such case, should decline to issue it .unless it also appears that the case is one of urgency.</p> <p>Ex parte Royall, 117 U. S. 241, followed, and distinguished from In re Loney, 134 U. S. 372.</p> <p>The 'proper time, in such case, to invoice the jurisdiction of this court is after the claim of the accused of immunity from prosecution in the state court has been passed upon by the highest court of the State adversely to him.</p>