United States v. Hewecker

No. 547
Decided Filed Supreme Court of the United States
Disposition
dismissed
full scope · unanimous
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Court
Circuit Court of the United States for the Southern District of New York
Filed
Decided
Judge
Mr. Chief Justice Fuller
Posture
Defendant indicted for murder; special plea in abatement filed; demurrer by prosecution; certificate of division of opinion on demurrer
Prosecution (1)
United States
Mr. Assistant Attorney General Dickinson
v.
Defendant (1)
Hewecker
Mr. Abram J. Rose
Decedent / victim: Miller

Overview

Certificate dismissed.

Case summary

Hewecker was indicted in 1896 for the 1892 murder of Miller on an American vessel in Havana bay. He filed a special plea in abatement, arguing prosecution was barred by the statute of limitations under Revised Statutes section 1043, as he had been confined in a Havana prison and not fled. The United States demurred, and the Circuit Court judges certified a division of opinion on the demurrer to the Supreme Court. The Supreme Court dismissed the certificate, holding that sections 651 and 697 of the Revised Statutes, allowing such certificates in criminal cases, were repealed by the Judiciary Act of 1891. The Court followed Rider v. United States, reasoning that the 1891 act provided exclusive appellate jurisdiction rules, eliminating certificate review for both defendants and prosecution. The case was dismissed without reaching the merits of the statute of limitations defense.

Abstract

Defendant indicted for murder on an American vessel filed a special plea in abatement claiming prosecution was barred by the statute of limitations due to prior confinement rather than flight. The government demurred, leading to a certified division of opinion from the Circuit Court on the demurrer. The Supreme Court dismissed the certificate, holding that provisions allowing such certifications in criminal cases were repealed by the Judiciary Act of 1891, which established exclusive appellate jurisdiction rules, without addressing the merits of the limitations defense.

Opinion of the court

Majority
opinion
Mr. Chief Justice Fuller
  • Sections 651 and 697 of Revised Statutes repealed by Judiciary Act of 1891
  • Certificate of division cannot be granted for prosecution in criminal cases
  • Rider v. United States precedent adhered to
  • Judiciary Act of 1891 provides exclusive appellate jurisdiction rules

Jurisdiction

challenged
Statutory basis
Judiciary Act of March 3, 1891, 26 Stat. 826
Subject matter
Appellate jurisdiction over criminal cases via certificate of division of opinion
Jurisdictional holding
Certificate dismissed for lack of jurisdiction; sections 651 and 697 of Revised Statutes repealed by Judiciary Act of 1891
Jurisdictional facts
  • Certificate of division of opinion from Circuit Court for Southern District of New York
  • Case involves murder on American vessel in Havana bay, within admiralty and maritime jurisdiction of US

Procedural posture

Posture at trial
Defendant indicted for murder; special plea in abatement filed; demurrer by prosecution; certificate of division of opinion on demurrer
Posture on appeal
Certificate of division of opinion from Circuit Court to Supreme Court
Preserved issues
  • Whether sections 651 and 697 of Revised Statutes remain in force for certificates of division in criminal cases

Subsequent history

Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed

Legal categories

Criminal

Case record

Full case name
UNITED STATES v. HEWECKER
Docket number
No. 547
Court
Supreme Court of the United States
Trial court
Circuit Court of the United States for the Southern District of New York
Trial court judge
Circuit Judge and District Judge (names not specified)
Filed
Decided
Opinion author
Mr. Chief Justice Fuller
Opinion type
published
Precedential status
precedential
Judges on panel
Mr. Chief Justice Fuller

Issues & holdings

1
Issues raised
1
dismissed
1
Holdings
Standard of review

de novo

Disposition rationale

Sections repealed by Judiciary Act of 1891; certificate cannot be granted for prosecution

Preservation

Issue preserved for review

Holdings of the court

Jurisdiction over certificate of division of opinion in criminal case
Certificate dismissed; Supreme Court lacks jurisdiction because sections 651 and 697 of Revised Statutes were repealed by Judiciary Act of 1891 for both defendants and prosecution
Judiciary Act of 1891 provides exclusive appellate jurisdiction rules; repealed sections 651 and 697 for defendants, and by implication for prosecution; Rider v. United States precedent applied; act enlarged jurisdiction for defendants but circumscribed for United States
unanimousbinding precedent

Error analysis

  • Circuit Court improperly certified division of opinion under repealed statutes — procedural · error foundNot reached; jurisdictional error precludes review · not applicable

Statutory interpretation

2
Statute
Judiciary Act of March 3, 1891, 26 Stat. 826
Question
Whether it repealed sections 651 and 697 of Revised Statutes for certificates of division in criminal cases
Court's reading
Act repealed sections 651 and 697, eliminating certificate review for both defendants and prosecution
Canons applied
Plain meaningImplied repeal
no legislative history
Statute
Revised Statutes sections 651 and 697
Question
Whether they remain in force after Judiciary Act of 1891
Court's reading
Sections repealed by Judiciary Act of 1891
Canons applied
Implied repeal
no legislative history

Burden of proof

Prosecution burden
Beyond a reasonable doubt for murder charge
Burden met
false

Standards of review

  • Interpretation of Judiciary Act of 1891 and Revised Statutes sections 651 and 697 — de novo Statutory interpretation question reviewed de novo

Timeline

Procedural path

Murder on vesselDeath confirmedPrison confinementIndictment issuedPlea in abatement filedDemurrer filedJudges dividedCertificate certifiedCase submittedCertificate dismissed
9
Events
1892 to 1896 —
Span
1892 to 1896factual eventcited in opinion

Hewecker confined in Havana prison on assault charge, not fled from justice

Outcome: Continuous confinement

Defense against statute of limitations tolling

Statute of limitations
Hewecker Havana, Cuba not applicable
factual eventcited in opinion

Murder of Miller by Hewecker on American vessel in Havana bay

Outcome: Miller killed

Underlying criminal offense

Statute of limitations
Hewecker · Miller Bay of Havana, off Cuba not applicable
factual eventcited in opinion

Miller died in Cuba

Outcome: Death confirmed

Relevant to statute of limitations calculation

Statute of limitations
Miller Cuba not applicable
procedural eventcited in opinion

Hewecker files special plea in abatement based on statute of limitations

Outcome: Pleas filed

Raises legal defense barring prosecution

Statute of limitations
Hewecker · United States Circuit Court for Southern District of New York trial court
procedural eventcited in opinion

United States demurs to special plea

Outcome: Demurrer filed

Legal challenge to plea's sufficiency

Jurisdiction over certificate of division
United States · Hewecker Circuit Court for Southern District of New York trial court
procedural eventcited in opinion

Circuit judges divided on demurrer; certificate of division of opinion certified to Supreme Court at prosecution's request

Outcome: Certificate issued

Basis for Supreme Court review

Jurisdiction over certificate of division
Circuit Judge · District Judge · United States Circuit Court for Southern District of New York trial court
procedural eventcited in opinion

Indictment found against Hewecker for murder

Outcome: Indictment issued

Formal charge initiating prosecution

Statute of limitations
United States · Hewecker Circuit Court for Southern District of New York trial court
appeal eventcited in opinion

Case submitted on motion to dismiss certificate

Outcome: Submitted for decision

Oral argument on jurisdictional motion

Jurisdiction over certificate of division
Supreme Court · Mr. Abram J. Rose · Mr. Assistant Attorney General Dickinson Supreme Court of the United States appellate court
appeal eventcited in opinion

Supreme Court dismisses certificate for lack of jurisdiction

Outcome: Certificate dismissed

Final disposition; no review on merits

Jurisdiction over certificate of division
Supreme Court Supreme Court of the United States appellate court

Facts & evidence

Incident

Date
Location
Bay of Havana, off Cuba, on board an American vessel

Key facts

5 facts
  1. Hewecker indicted for murder of Miller on American vessel in Havana bay
  2. Indictment found March 10, 1896
  3. Miller died January 21, 1892, in Cuba
  4. Defendant pleaded statute of limitations under Revised Statutes section 1043
  5. Defendant confined in Havana prison on assault charge from 1892 to 1896, not fled from justice

Disputed questions

  • Whether statute of limitations bars prosecution

Procedural history

5 steps
  1. Indictment in Circuit Court for Southern District of New York
  2. Special plea in abatement filed
  3. Demurrer by United States
  4. Certificate of division of opinion on demurrer certified to Supreme Court
  5. Motion to dismiss certificate submitted

Evidence in the record

Documentary
  • Indictment
  • Special plea in abatement
  • Demurrer
  • Certificate of division of opinion
Challenged
  • Evidence type: Certificate of division of opinion · Challenge basis: Jurisdictional statute · Trial court ruling: admitted · Reasoning: Certified by Circuit Court · Challenged on appeal: true · Appellate outcome: reversed

Objects of relevance

American vessel (location of murder)Prison in Havana (place of defendant's confinement)

Policy considerations

  • Need for exclusive appellate jurisdiction rules under Judiciary Act of 1891
  • Balance between defendant rights and prosecution powers in criminal appeals

Authorities

Cited authorities (3)

Rider v. United States, 163 U. S. 132
followedprecedent
Precedent holding sections 651 and 697 repealed for defendants
on this point adhered to
United States v. Rosenburgh, 7 Wall. 580
distinguishedprecedent
Held jurisdiction over certificates on merits questions
United States v. Sanges, 144 U. S. 310
appliedprecedent
Held 1891 act did not give United States right to writ of error in criminal cases

Related cases (3)

Rider v. United States, 163 U. S. 132
prior appeal
Held sections 651 and 697 repealed for defendants
United States v. Rosenburgh, 7 Wall. 580
prior appeal
Held jurisdiction over certificates on merits questions
United States v. Sanges, 144 U. S. 310
prior appeal
Held 1891 act did not give United States right to writ of error in criminal cases

Statutes

  • Judiciary Act of March 3, 1891, 26 Stat. 826
  • Revised Statutes sections 651, 697, 1043

Standards & doctrines

  • De novo review for statutory interpretation
  • Implied repeal doctrine

Legal principles applied

  • Implied repeal of earlier statutes by later comprehensive act
  • Exclusive appellate jurisdiction rules under Judiciary Act of 1891

Notable quotes

“By the act of March 3, 1891, appellate jurisdiction on error was given in all criminal cases either to this court or the Circuit Court of Appeals in favor of the accused, and, as to them, sections 651 and 697 of the Revised Statutes did not remain in force.”
Mr. Chief Justice Fuller — Explaining repeal of certificate provisions for defendants
Key reasoning for extending repeal to prosecution
“And if the sections were repealed so far as defendants were concerned, we think it follows that this was so as to the United States, and that a certificate which could not be granted upon the request of the defendants could not be granted on the request of the prosecution.”
Mr. Chief Justice Fuller — Applying repeal to prosecution
Logical extension of Rider precedent
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Entities and documentation
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Action type
dismissed
Target
Certificate of division of opinion
Appealed from
Circuit Court for Southern District of New York
Context
Supreme Court dismisses certificate for lack of jurisdiction under Judiciary Act of 1891
Scope
full
Further instructions
None; case ends without merits review
Disposition vote
unanimous
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