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16 F. Cas. 1340

Memorandum

U.S. District Court

Decided September 15, 1833

U.S. District Court · decided 1833-09-15

A special session of the circuit court, in Washington county, for the trial of criminal causes, was holden on the 2d of September, 1833, by virtue of the following order, made at the last term, on the 29th of May, 1833: “Ordered, that a special session for the trial of criminal causes, be held on the first Monday of September next, and that the marshal summon the usual number of grand and petit jurors;” and of the following clause of the 5th section of the judiciary act of…

Decided 1833-09-15

THE COURT(MORSELL, Circuit Judge, contra,)

¶1was, after argument, in which the following cases were cited and considered, namely. U. S. v. Hamilton, 3 Dall. [3 U. S.] 18; U. S. v. Insurgents of Pennsylvania [Case No. 15,442]; and U. S. v. Cornell [Id. 14,868]; decidedly of opinion that the court,' at this special session, cannot try any cause which was pending at the last stated session.

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