CRIMINAL LAW - FEDERAL REMOVAL PROCEEDINGS - CONCLUSIVENESS OF THE INDICTMENT

Authors

Abstract

A vexatious question, and one which frequently arises in proceedings for removal from one federal district to another for trial, is to what extent the courts will go in weighing the force of the evidence against the accused. The government, when asking removal, presents to the court or commissioner a copy of the indictment found in the district to which removal is asked, and frequently rests on this, after giving evidence that the defendant is the party named in the indictment. The defendant, on the other hand, usually presents a mass of evidence, relevant and irrelevant, in an endeavor to delay or defeat the removal for trial. The court must then decide what weight is to be given this indictment and what evidence, if any, the accused may present in rebuttal.

Recommended Citation

CRIMINAL LAW - FEDERAL REMOVAL PROCEEDINGS - CONCLUSIVENESS OF THE INDICTMENT, 30 Mich. L. Rev. 951 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss6/11