In re Richter’s Empirical Analysis

Citation profile

3 federal appellate · 5 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Tiie questions whether the inquiry before tlio commissioner extends beyond the introduction of tlio indictment and the identity of the defendant, and. whether there is sufficient proof of identity, are not jurisdictional, for determination under the writ of habeas corpus, and, on the other hand, their solution is not required to determine whether a warrant ot removal should issue. I have no doubt of the authority of the District Judge, on the latter application, to probe the grounds of the charge, and ascertain the existence of probable cause; and the duty is manifest to do so in his case before entering an order to send the defendant to distant Alaska for trial.” United States v. Fowkes, 3 U. S. App. 247, 53 Fed. 33 . 3 C. C. A. 394 : Price v. McCarty, 89 Fed. 84 , 32 C. C. A. 162 ; In re Burkhardt (D. C.) 33 Fed. 25 . “Undoubtedly the indictment is presumptive of probable cause, if an offense within the statute is clearly stated, and in that view, may be accepted in many cases as sufficient; but it is not conclusive, and, if so treated for all purposes of the examination, the just provisions in that behalf are of no practical value. In the application for removal, at least, if doubt is raised in any material aspect of the charge, the indictment must be supported by proof aliunde, and in the present case necessary ingredients to constitute the offense are so placed in doubt that no removal can be ordered without such proof.””

   1 later decision quote this exact passage · from the majority
   e.g. Ex parte Black