Martin v. Splain
Martin v. Splain
Opinion of the Court
delivered the opinion of the Court:
The contention of all of the appellants is that the indictment charges no offense whatever, and for that reason the removal of the parties is not justified.
The single question argued has been the insufficiency of the indictment, in that it charges no offense against the laws of the United States.
The sufficiency of the indictment is to be decided in the court in which it was returned. Beavers v. Henkel, 194 U. S. 73, 87, 48 L. ed. 882, 887, 24 Sup. Ct. Rep. 605; Benson v. Henkel, 198 U. S. 1, 10, 49 L. ed. 919, 922, 25 Sup. Ct. Rep. 569; Pierce v. Creecy, 210 U. S. 387, 402, 52 L. ed. 1113, 1120, 28 Sup. Ct. Rep. 714.
It may be added that the sufficiency of this particular indictment was challenged by motion to quash before District Judge Wolverton of the southern district of New York, which was filed by Monnett and Taylor, two of the defendants therein. The judge, after much consideration, denied the motion. United States v. Rinlelen, 283 Fed. 793.
The judgments are affirmed with costs. Affirmed.
An application for the allowance of an appeal to the Supreme Court of the United States was denied February 9, 1917.
Reference
- Full Case Name
- MARTIN v. SPLAIN FOWLER v. SPLAIN SCHULTEIS v. SPLAIN
- Status
- Published
- Syllabus
- Habeas Cobfcs; Grinin ai, Law; Indictment, Sufficiency of. Whether an indictment in a Federal court in New York charging the accused with a conspiracy to restrain and hinder foreign trade and commerce in munitions of war by instigating strikes and walkouts among workmen employed in manufactories, by bribery of labor organizations and otherwise, does or does not charge an offense against the United States, is a question for the court in which it was returned to determine, and such question will not be determined in habeas corpus proceedings instituted here by some of the accused, especially where it appears that in that court a motion to quash the indictment for insufficiency was overruled.