SmyThe Vs. Banks

Smythe vs Banks

Type Court Judgment Court US Supreme Court Decided 1797

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https://sooperkanoon.com/case/78173

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Citation: sooperkanoon.com/78173
Court: US Supreme Court
Decided On: 1797
Case Number: 4 U.S. 329
Subject: Narcotics

Case Summary

AI-generated summary - not the official court judgment text.

Narcotics

Key legal issue: Narcotics

Parties & Advocates

Appellant / Petitioner

Smythe

Respondent

Banks

Excerpt

smythe v. banks - 4 u.s. 329 (1797) u.s. supreme court smythe v. banks, 4 u.s. 329 (1797) 4 u.s. 329 (dall.) smythe v. banks. circuit court, pennsylvania district. april term, 1797 capias. the defendant was a resident of virginia, and had been subpoenaed as a witness in the case of symes's lessee v. irwine, which was marked for trial at the present term, but was continued on the 20th of april. he was arrested on the 26th of april; and the following day, levy moved, that he should be discharged from the arrest and process, on account of the privilege of a witness, eundo, morando, et redeundo. 4 com. dig. 475. 2 stra. 1094. 986.vin. abr. tit. priv. by the court. the witness is, undoubtedly, privileged from arrest, for a reasonable time, to prepare for his departure, and return to his home, as well as during his actual attendance upon the court. but the privilege does not extend throughout the term, at which the cause is marked for trial; nor will it protect him while the witness is engaged in transacting his general private business, after he is discharged from the obligation of the subpoena.

Full Judgment

SMYTHE v. BANKS - 4 U.S. 329 (1797)
U.S. Supreme Court SMYTHE v. BANKS, 4 U.S. 329 (1797)

4 U.S. 329 (Dall.)

Smythe
v.
Banks.

Circuit Court, Pennsylvania District.

April Term, 1797

CAPIAS. The defendant was a resident of Virginia, and had been subpoenaed as a witness in the case of Symes's Lessee v. Irwine, which was marked for trial at the present term, but was continued on the 20th of April. He was arrested on the 26th of April; and the following day, Levy moved, that he should be discharged from the arrest and process, on account of the privilege of a witness, eundo, morando, et redeundo. 4 Com. Dig. 475. 2 Stra. 1094. 986.Vin. Abr. Tit. Priv.

By the COURT.

The witness is, undoubtedly, privileged from arrest, for a reasonable time, to prepare for his departure, and return to his home, as well as during his actual attendance upon the Court. But the privilege does not extend throughout the term, at which the cause is marked for trial; nor will it protect him while the witness is engaged in transacting his general private business, after he is discharged from the obligation of the subpoena.

Same Parties Smythe vs Banks Same Subject Narcotics