Page:Federal Reporter, 1st Series, Volume 3.djvu/131

 124 ' FEDERAL lîICrORTKn �very purpose and no other. At this stage of the case this petition was interposed, and this court invoked to take the next judicial step in the prosecution. Does the clahn that there vv^as no court in which the prosecution was pending stand on any solid ground? In my judgment, clearly net. �My conclusion is, therefore, that when this petition was filed it asked for the removal of a criminal prosecution which had been commenced against the petitioners in a court of the State of Georgia; and, as the petition sets out ail the other facts necessary under section 643 of the Revised Statutes to justify a removal of a criminal prosecution from a state to a federal court, that the filing of the petition and the service on the state court of a duplicate of the writ of habeas corpus cwm causa, ipso facto, removes the prosecution to this court. ���State v. Port and others. �(Circuit Court, N. D. Georgia. July, 1880.) �1. MUEDEK— Resistance to Revenue Officeks — Powek to Abeest — KiGHT OF Seu-Defence — Aerest Without Warrant. �Preliminary examination upon the charge of murder. �S. B. Spencer, for the State. �A. S. Darnell, Ass't Dist. Att'y, John L. Hopkins, J. S. Bigby and Geo. S. Thomas, for defendants. �Woods, C. J. The defendants, thirteen in number, were charged with the murder of William A. Jones, on June 24th last, near Red Oak station, in Campbell county, in this state. An affidavit, charging them with this crime, was made by one Mary E. Jones, before John B. Suttles, a justice of the peace of Campbell county, who thereupon issued a warrant for the arrest of the defendants. By the authority of this warrant they were taken into custody by the sherifï of Fulton county, within whose limits they were found. The defend- ants thereupon filed their petition for a removal of the prose- cution against them to this court, under section 643 of the ����