Maryland v. Soper - 270 U.S. 36 (1926)


U.S. Supreme Court

Maryland v. Soper , 270 U.S. 36 (1926)

Maryland v. Soper (No. 2)

No. 24 Original

Argued December 7 1925

Decided February 1, 1926

270 U.S. 36

Syllabus

An indictment in a state court charging federal prohibition agents with a conspiracy to obstruct justice by giving false testimony at a coroner's inquest concerning a homicide for which they were then under arrest and subsequently were indicted for murder is not removable to the federal court under § 33 of the Judicial Code, even though the murder charge would be removable as one commenced "on account" of their official acts. P. 270 U. S. 42.

Mandamus made absolute.

Petition by the State of Maryland for a writ of mandamus directing the United States District Judge of the District of Maryland to remand to the proper state court an indictment for conspiracy to obstruct justice by false testimony, which had been removed to the district court under the provisions of § 33 of the Judicial Code. See also the case next preceding.

Page 270 U. S. 39



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