Supreme Court of the United States April 10, 1871 (United States v. Tynen)

Mr. Justice FIELD,

after stating the facts of the case, delivered the opinion of the court as follows:

An opposition of opinion, like that in the court below, occurred between the judges of the Circuit Court for the Southern District of New York, in a similar case which came before this court at the December Term of 1868, but as the opposition arose upon a motion to quash the indictment, the case