United States Supreme Court Cases & Opinions

U.S. Supreme Court

Horner v. United States , 143 U.S. 207 (1892)

Horner v. United States (No. 1)

No. 1051

Argued January 13-14, 1892

Decided February 29, 1892

143 U.S. 207

Syllabus

Under § 3894 of the Revised Statutes, as amended by the Act of September 19, 1890, c. 908, 26 Stat. 465, in regard to the carriage of lottery matter in the mail, it is an offense to cause a lottery circular, mailed at the City of New York and addressed there to a person in Illinois, to be delivered to such person in Illinois by mail, and an indictment for so doing is triable in Illinois.

The statute is constitutional under the decision in Ex Parte Rapier, ante, 143 U. S. 110.

Where a person is committed in one district by a United States commissioner for trial in another, the question of his identity cannot be reviewed on habeas corpus.

This was an appeal from a judgment of the Circuit Court, dismissing a writ of habeas corpus. The case is stated in the opinion.