Simpson v. United States, 50 U.S. 578 (1850)

U.S. Supreme Court

Simpson v. United States, 50 U.S. 9 How. 578 578 (1850) Simpson v. United States

50 U.S. (9 How.) 578

ERROR TO THE DISTRICT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF FLORIDA

MR. JUSTICE NELSON delivered the opinion of the Court.

The indictment upon which the prisoner was convicted was founded upon the Act of Congress passed March 2, 1831, and the case, as appears from the record, agrees in all respects with the case of Forsyth v. United States, just decided, and to the opinion in which we refer for our judgment in this case.

The motion on behalf of the Attorney General to dismiss the writ of error for want of jurisdiction is denied and the judgment of the court below reversed and the proceedings remitted to the court with direction to quash the indictment and discharge the prisoner from his recognizance or imprisonment, as the case may be.

Order

This cause came on to be heard on the transcript of the record

Page 50 U. S. 579

from the District Court of the United States for the Northern District of Florida and was argued by counsel. On consideration whereof it is now here ordered and adjudged by this Court that the judgment of the said district court in this cause be and the same is hereby, reversed and annulled for the want of jurisdiction in that court, and that this cause be and the same is hereby remanded to the said district court with directions to quash the indictment and discharge the prisoner.