Post v. United States

Citations

161 U.S. 583
16 S. Ct. 611
40 L. Ed. 816
1896 U.S. LEXIS 2188

Syllabus

<p>Under the act of July 12, 1894, c. 132, enacting that “ all criminal proceedings instituted for the trial of offences against the laws of the United States arising in the District of Minnesota shall be brought, had and prosecuted in the division of said district in which such offences were committed,” the court has no jurisdiction of an indictment afterwards presented by the grand jury for the district in one division, for an of-fence committed in another division before the passage of the act, and for which no complaint has been made against the defendant; although the witnesses whose names are endorsed upon the indictment were sum-moned before the grand jury and were in actual attendance upon the court before the passage of the act.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

statute requiring criminal proceedings to take place in a district which it created is not a matter of substantive law, but is a matter of jurisdiction and procedure
“Criminal proceedings cannot be said to be brought or instituted until a formal charge is openly made against the accused, either by indictment presented or information filed in court, or, at the least, by complaint before a magistrate.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gray

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Cited by

41 cases in this archive cite this case; the 20 most cited are listed.

Cites

2 cases in this archive are cited by this case.