United States Supreme Court Cases & Opinions

U.S. Supreme Court

Tinsley v. Treat, 205 U.S. 20 (1907)

Tinsley v. Treat

No. 369

Argued December 3, 4, 1906

Decided March 4, 1907

205 U.S. 20

Syllabus

A district judge of the United States, on application to remove from the district where defendant is arrested to that where the offense is triable, acts judicially, and the provision of § 1014, Rev.Stat., that the proceedings are to be conducted agreeably to the usual mode of process in the state against offenders has no application to the inquiry on application for removal.

While in a removal proceeding under § 1014, Rev.Stat., an indictment constitutes prima facie evidence of probable cause, it is not conclusive, and evidence offered by the defendant tending to show that no offense triable in the district to which removal is sought had been committed is admissible, and its exclusion is not mere error, but the denial of a right secured under the federal Constitution.

Page 205 U. S. 21

The facts are stated in the opinion.

Page 205 U. S. 24