Ex Parte Milburn
34 U.S. 704

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U.S. Supreme Court

Ex Parte Milburn, 34 U.S. 9 Pet. 704 704 (1835)

Ex Parte Milburn

34 U.S. (9 Pet.) 704




Habeas corpus. As the jurisdiction of the Supreme Court is appellate, it must he shown to the Court that the Court has he power to award a habeas corpus before one will be granted.

George Milburn was imprisoned in the jail of the County of Washington upon a bench warrant issued by the Circuit Court of the United States for the District of Columbia to answer an indictment pending against him for keeping a faro bank, an offense which, by an act of Congress, is punishable by imprisonment at hard labor in the penitentiary of the District. He had been arrested on a former capias issued on the same indictment, upon which he gave a recognizance of, bail, with sureties, in the sum of

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