United States v. Baumert

Citations

• 179 F. 735
• 1910 U.S. Dist. LEXIS 294

Syllabus

<p>1. Criminal Daw (§ 211*) — Preliminary Warrant — Foundation.</p> <p>Under Const U. S. Amend. 4, providing that no warrant shall issue but on probable canse supported by oath or affirmation, a federal court has no jurisdiction to direct the issuance of a warrant on an information made on the information and belief of the United States district attorney alone; but it must be supported by proof establishing probable cause, to wit, legal evidence that a crime has been committed and that there is probable cause and belief that the accused is guilty of the commission thereof.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 420-430; Dec. Dig. § 211.*]</p> <p>2. Indictment and Information (§ 36*) — Statutes.</p> <p>Rev. St. § 1014 (U. S. Comp. St. 1901, p. 716), providing that for any crime or offense against the United States the offender may, by any judge or justice of the United States, or by any commissioner of a Circuit Court to take bail, or by any chancellor or judge of a Supreme or superior court, chief or first judge of common jileas, mayor or other magistrate of the state, where he may be found and agreeable to the usual mode of process against the offender of the state or the offender of the United States, be imprisoned or bailed as the case may be, and providing for the return of process for the recognizance of witnesses, etc., relates to preliminary examinations and has no application to prosecutions by information.</p> <p>[Ed. Note. — For other cases, see Indictment and Information, Dec. Dig. § 36.*]</p> <p>3. Indictment and Information (§ 9*) — Necessity of Complaint.</p> <p>An indictment may be found and presented by a grand jury without a preliminary formal complaint or prior arrest.</p> <p>[Ed. Note. — For other cases, see Indictment and Information, Dec. Dig. § 9.*]</p> <p>4. Indictment and Information (§ 3*) — Information by United States Attorney-Misdemeanors.</p> <p>A prosecution for an offense not punishable by imprisonment in