87 F.1d 1005 - In re Hirsch — 87 F. 1005

How this case has been cited

Cited by 4 later decisions — most recently March 1942

4 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Habeas Corpus — When Granted.

¶2Appeal from the Circuit Court of the United States for the District of Connecticut.

¶3This was a petition for a writ of habeas corpus by Heyman J. Hirsch, deputy internal revenue collector, who was committed by a state court of Connecticut for a refusal to produce to such court, in obedience to a subpoena duces tecum, an original apiflication or return of a special taxpayer, to be used as evidence on the prosecution of such Taxpayer for sidling liquor in violation of the state laws. The writ was discharged by the circuit court on the hearing (74 Fed. 928), and the petitioner appeals.

¶4Charles W. Comstock, U. S. Atty., for appellant. John L. Hunter, for appellee.

¶5Before WALLACE and LACOMBE, Circuit Judges.

¶6PER CURIAM.

¶7We concur in the opinion of the circuit judge dismissing the writ of habeas corpus, and therefore affirm the order appealed from. We do not, however, intend to decide that the writ of habeas corpus is the proper remedy to secure a review' of the judgment of the state court in punishing a wtitness for disobedience of its process of subpoena ad testificandum. See Ex parte Parks, 93 U. S. 18; In re Wood, 140 U. S. 278, 11 Sup. Ct. 738; In re Frederich, 149 U. S. 70, 13 Sup. Ct. 793; In re Tyler, 149 U. S. 180, 13 Sup. Ct. 785; Ex parte Crouch, 112 U. S. 178, 5 Sup. Ct. 96.