STALLINGS V. SPLAIN, 253 U. S. 339 (1920)

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U.S. Supreme Court

Stallings v. Splain, 253 U.S. 339 (1920)

Stallings v. Splain

No. 34

Argued April 23, 1920

Decided June 1, 1920

253 U.S. 339


A fugitive under indictment in one federal district may be arrested without a warrant by the marshal in another and may be detained for a reasonable time pending the initiation of removal proceedings, and a warrant issued upon the indictment in the first district will serve at least as probable cause for making the arrest. P. 253 U. S. 341.

When a person so arrested and detained procures a writ of habeas corpus and is bailed by the court to await a hearing, the pendency of the habeas corpus proceedings does not prevent the initiation of removal proceedings based on such indictment by affidavit before a United States Commissioner and issuance of warrant thereon. P. 253 U. S. 342.

And, in such circumstances, if he voluntarily appear before the commissioner and at his own request be bailed for his appearance in the foreign district to answer the indictment, the effect is to do away with any basis for the habeas corpus, since the actual restraint is terminated and the questions of the validity of the arrest and detention and of the right of removal are rendered immaterial. P. 253 U. S. 343.

Under Rev.Stats., § 2294, as amended, and the rules of the General Land Office, a United States Commissioner who, in taking proof of applicants under the public land laws, collects fees and commissions for transmission to the register and receiver, receives the money as commissioner and is indictable, if he embezzle it, under § 97 of the Penal Code. P. 253 U. S. 344.

In removal proceedings, doubts as to whether the indictment states an offense should be left to the court in which it was found. P. 253 U. S. 345.

49 App.D.C. 38 affirmed.

The case is stated in the opinion.

Page 253 U. S. 340

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