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AMADO V. UNITED STATES, 195 U. S. 172 (1904)

U.S. Supreme Court

Amado v. United States, 195 U.S. 172 (1904)

Amado v. United States

No. 33

Submitted October 25, 1904

Decided November 7, 1904

195 U.S. 172


The review of the final judgment of the District Court of the United States for Porto Rico by this Court is not restricted to cases in which the Constitution or a treaty of the United States or an act of Congress is brought in question and the right claimed under it is denied. There may be cases, certainly civil cases, which, if determined in a Supreme Court of one of the territories of the United States could be reviewed although not involving any right of a distinctly federal nature.

But a criminal case like this arising under § 3082 Rev.Stat., could not be reviewed by this Court in virtue of the words, in § 35 of the Porto Rico Act of April 12, 1900, "in the same cases as from the Supreme Courts of the Territories of the United States."

Nor will the words in the same act,

"in all cases where the Constitution of the United States, or a treaty thereof, or an act of Congress is brought in question and the right claimed thereunder is denied,"

authorize this Court to review a judgment of conviction in a criminal case in the court below under § 3082 Rev.Stat., when the only claim at the trial was that the

Page 195 U. S. 173

indictment did not charge "an offense under the statutes of the United States." Such an objection was too indefinite.

Unless a judgment in the United States District Court for Porto Rico can be reviewed here, then it is final, for no case determined in that court can be carried to a circuit court of appeals.

The facts are stated in the opinion.

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