Hawkins

Hawkins v. United States

Good Law
1 Alaska Fed. 850·116 F. 569·53 C.C.A. 663·1902 U.S. App. LEXIS 4361
United States Court of Appeals for the Ninth CircuitJune 5, 1902No. 771California3,104 words

Opinion

Lead Opinion

Morrow, J.

after stating the foregoing facts, delivered the opinion of the court.

The indictment charged the defendant with the crime of robbery. This offense, under the Criminal Code of Alaska, is a felony. Section 26, c. 2, tit. 1 and section 184, c. 13, tit. 1, Act March 3, 1899, providing a Code of Criminal Procedure for the district of Alaska ( 30 Stat. 1253 , 1255, 1256, 1282). Under the statute the defendant was entitled to 10 peremptory challenges. Section 135, c. 14, tit. 2, Act March 3, 1899 ( 30 Stat. 1299 ). With respect to the right of the -defendant to challenge a juror peremptorily or for cause, chapter 14 of title 2 of the Criminal Code provides as follows:

By the act of May 17, 1884, providing a civil government for Alaska, the general laws of the state of Oregon then in force were declared to be the law in said district, so far as the same should be applicable, and not in conflict with the provisions of the laws of the United States. 23 Stat. 24 — 26. When the act of March 3, 1899, was before congress, it was stated that the act was reported by the committee on revision of the laws, and that with one or two exceptions it was a codification of the laws of Oregon upon the…

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