Smith v. United States

Decision Date01 October 1876
Citation94 U.S. 97,24 L.Ed. 32
PartiesSMITH v. UNITED STATES
CourtU.S. Supreme Court

ERROR to the Supreme Court of Washington Territory.

Mr. John J. McGilvra for the plaintiff in error.

Mr. Solicitor-General Phillips, contra.

Mr. CHIEF JUSTICE WAITEdelivered the opinion of the court.

It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render.In this case it is admitted that the plaintiff in error has escaped, and is not within the control of the court below, either actually, by being in custody, or constructively, by being out on bail.If we affirm the judgment, he is not likely to appear to submit to his sentence.If we reverse it and order a new trial, he will appear or not, as he may consider most for his interest.Under such circumstances, we are not inclined to hear and decide what may prove to be only a moot case.

This cause was docketed here Dec. 29, 1870.In due time a brief was filed on behalf of the plaintiff in error, and the cause has been regularly continued at every term since, no one appearing here in person to represent the plaintiff.At this term we dismissed the writ, on motion of the United States, for want of prosecution, but have since reinstated it on motion of the counsel for the plaintiff in error, who now moves to have it set down for argument.This motion we deny,...

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252 cases
  • U.S. v. Forty-Five Thousand Nine Hundred Forty Dollars ($45,940) in U.S. Currency, FORTY-FIVE
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 11, 1984
    ...the contrary in the statute under which Molinaro appeals, 28 U.S.C. Sec. 1257(2), we conclude, in light of the Smith [v. United States, 40 to 97, 94 U.S. 97, 24 L.Ed. 32 (1876) ] and Bonahan [v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887) ] decisions, that the Court has the au......
  • State of Md. Deposit Ins. Fund Corp. v. Billman
    • United States
    • Maryland Court of Appeals
    • October 17, 1990
    ...U.S. 189, 69 S.Ct. 1453, 93 L.Ed. 1897 (1949); Bonahan v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887); Smith v. United States, 94 U.S. 97, 24 L.Ed. 32 (1876). Now the Court dismisses cases involving fugitive parties. See Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L......
  • Dorrough v. Estelle
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 29, 1974
    ...396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586; Bonahan v. Nebraska, 1887, 125 U.S. 692, 8 S.Ct. 1390, 31 L. Ed. 854; Smith v. United States, 1876, 94 U.S. (4 Otto) 97, 24 L.Ed. 32. Nor do we find fault with the Texas statute for providing for the immediate dismissal of appeals of escapees. Suc......
  • State v. Raiburn
    • United States
    • Kansas Supreme Court
    • July 24, 2009
    ...the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render." Smith v. United States, 94 U.S. (4 Otto) 97, 97, 24 L.Ed. 32 (1876). In Molinaro v. New Jersey, 396 U.S. 365, 366, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970), the Court reaffirmed its suppor......
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4 books & journal articles
  • ELIMINATING THE FUGITIVE DISENTITLEMENT DOCTRINE IN IMMIGRATION MATTERS.
    • United States
    • Notre Dame Law Review Vol. 97 No. 3, March 2022
    • March 1, 2022
    ...is dedicated to the memory of Professor Christopher N. Lasch, mentor-lawyer-teacher-friend extraordinaire. (1) See Smith v. United States, 94 U.S. 97 (1876); Allen v. Georgia, 166 U.S. 138 (2) Degen v. United Suites, 517 U.S. 820, 824 (1996). (3) Technically, the process of raising a challe......
  • Should the Supreme Court stop inviting amici curiae to defend abandoned lower court decisions?
    • United States
    • Stanford Law Review Vol. 63 No. 4, April 2011
    • April 1, 2011
    ...(316.) United States v. Sharpe, 470 U.S. 675, 681 n.2 (1985). (317.) Id. at 722 (Stevens, J., dissenting) (quoting Smith v. United States, 94 U.S. 97, 97 (318.) Id. at 724. (319.) Id. at 724-25. (320.) Id. at 725. (321.) Id. at 726 (citing Hayburn's Case, 2 U.S. (2 Dall.) 409 (1792)). (322.......
  • Sword or shield: due process and the fugitive disentitlement doctrine.
    • United States
    • Journal of Criminal Law and Criminology Vol. 87 No. 3, March 1997
    • March 22, 1997
    ...431 US. 651, 656 (1977). (20) Id.; McKane v. Durston, 153 U.S. 684, 687-88 (1894). (21) See infra notes 43-92 and accompanying text. (22) 94 U.S. 97 (23) Id. at 97-98. (24) Id. at 97. See also Jason W. Joseph, Note, The Fugitive Dismissal Rule Applied to Pre-Appeal Fugitivity, 84 J. Crim. L......
  • 13.1 Appeals in Criminal Cases Generally
    • United States
    • Virginia CLE Defending Criminal Cases in Virginia (Virginia CLE) Chapter 13 Appeals
    • Invalid date
    ...468 U.S. 559 (1984).[46] Chaffin v. Stynchcombe, 412 U.S. 17 (1973); Johnson v. Commonwealth, 212 Va. 579, 186 S.E.2d 53 (1972).[47] 94 U.S. 97 (1876).[48] 276 Va. 611, 667 S.E.2d 555 (2008).[49] Id. at 623, 667 S.E.2d at 561 (citing Degen v. United States, 517 U.S. 820, 823-24 (1996)). In ......

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