Husar

Husar v. United States

Good Law
26 F.2d 847·1928 U.S. App. LEXIS 3788
United States Court of Appeals for the Ninth CircuitJune 11, 1928No. 5297California2,885 words

Opinion

Lead Opinion

Dietrich, J.

The appellant was convicted in the United States Court for China upon an information charging, in one count the felonious destruction, and in another the corrupt disposition, of a bound volume of documentary evidence which had come into his possession in the course of an official investigation he, as United States attorney, was called upon to make of the conduct of the person to whom he corruptly delivered the documents.

The first question is of the sufficiency of the record to disclose jurisdiction in the trial court, which, like that of other United States courts, is limited, and must affirmatively appear. For a definition thereof we must look to treaty provisions and acts of Congress passed to give effect thereto. By the Act of June 30, 1906 ( 34 Stat. 814 , 22 USCA § 191), there was established the United States Court for China, with “exclusive ju-' risdiction in all eases and judicial proceedings whereof jurisdiction may have been exercised, prior to June 30, 1906, by United States consuls and ministers by law and by virtue of. treaties between the United States and China,” with exceptions immaterial here. ' Provision is made for the appointment by the President, subject to…

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