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IN RE NEAGLE

No. 1472.

135 U.S. 1 (1890)

10 S.Ct. 658

34 L.Ed. 55

IN RE NEAGLE, Petitioner.

Supreme Court of United States.

Decided April 14, 1890.

Attorney(s) appearing for the Case

Mr. Z. Montgomery, for appellant.

Mr. Attorney General for the appellee.

Mr. Joseph H. Choate (with whom was Mr. James C. Carter on the brief) for appellee.

Mr. G.A. Johnson, Attorney General of the State of California, for appellant.

Mr. Samuel Shellabarger and Mr. Jeremiah M. Wilson, for appellant, submitted on their brief.

MR. JUSTICE MILLER, after stating the case as above, delivered the opinion of the court.

If it be true, as stated in the order of the court discharging the prisoner, that he was held "in custody for an act done in pursuance of a law of the United States, and in custody in violation of the Constitution and laws of the United States," there does not seem to be any doubt that, under the statute on that subject, he was properly discharged by the Circuit Court.

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