Majority — Bradley J.
p. 63UNITED STATES v. HAMILTON. Submitted October Term, 1882. Decided October 15th, 1883.
Syllabus
ON CERTIFICATE OF DIVISION IN OPINION BETWEEN THE JUDGES OF THE CIKOUIT COURT OF ' THE UNITED STATES FOR THE MIDDLE DISTRICT OF TENNESSEE.Practise
This court will not take cognizance of a division of opinion between the- judges of a circuit court on a mStion. to quash an indictment.
delivered the opinion of the court.
The certificate of division in this case was made on a division in opinion between the judges on a motion to quash the indictment. As a motion to quash is always addressed to the discretion of the court, a decision upon it is hot error, and cannot be reviewed oh a writ of error. In the case of United States v. Rosenburgh, 7 Wall. 580 , we decided the precise point, that this court cannot take cognizance of a division of opinion between the judges of a circuit court upon a motion to quash an indictment. This decision was re-affirmed in United States v. Avery, 13 Wall. 251 , and in United States v. Canda, decided at October term 1881.
The ease, not being properly before us, is dismissed.
Cases cited
- United States v. Rosenburgh 7 Wall. 580 p. 63
- United States v. Avery 13 Wall. 251 p. 63