Overview
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holding that sections 651 and 697 of the Revised Statutes, allowing such certificates in criminal cases, were repealed by the Judiciary Act of 1891.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Supreme Court dismissed the certificate, holding that provisions allowing such certifications in criminal cases were repealed by the Judiciary Act of 1891, which established exclusive appellate jurisdiction rules, without addressing the merits of the limitations defense.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
opinionMr. 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- Sections 651 and 697 of Revised Statutes repealed by Judiciary Act of 1891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- 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
- Whether sections 651 and 697 of Revised Statutes remain in force for certificates of division in criminal cases
Subsequent history
Legal categories
Case record
Issues & holdings
de novo
Sections repealed by Judiciary Act of 1891; certificate cannot be granted for prosecution
Issue preserved for review
Holdings of the court
Error analysis
- Circuit Court improperly certified division of opinion under repealed statutes — procedural · error foundNot reached; jurisdictional error precludes review · not applicable
Statutory interpretation
2Burden of proof
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
Hewecker confined in Havana prison on assault charge, not fled from justice
Outcome: Continuous confinement
Defense against statute of limitations tolling
Murder of Miller by Hewecker on American vessel in Havana bay
Outcome: Miller killed
Underlying criminal offense
Miller died in Cuba
Outcome: Death confirmed
Relevant to statute of limitations calculation
Hewecker files special plea in abatement based on statute of limitations
Outcome: Pleas filed
Raises legal defense barring prosecution
United States demurs to special plea
Outcome: Demurrer filed
Legal challenge to plea's sufficiency
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
Indictment found against Hewecker for murder
Outcome: Indictment issued
Formal charge initiating prosecution
Case submitted on motion to dismiss certificate
Outcome: Submitted for decision
Oral argument on jurisdictional motion
Supreme Court dismisses certificate for lack of jurisdiction
Outcome: Certificate dismissed
Final disposition; no review on merits
Facts & evidence
Incident
Key facts
5 facts- Hewecker indicted for murder of Miller on American vessel in Havana bay
- Indictment found March 10, 1896
- Miller died January 21, 1892, in Cuba
- Defendant pleaded statute of limitations under Revised Statutes section 1043
- 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- Indictment in Circuit Court for Southern District of New York
- Special plea in abatement filed
- Demurrer by United States
- Certificate of division of opinion on demurrer certified to Supreme Court
- Motion to dismiss certificate submitted
Evidence in the record
- Indictment
- Special plea in abatement
- Demurrer
- Certificate of division of opinion
- 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
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)
Related cases (3)
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 defendantsKey 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 prosecutionLogical extension of Rider precedent