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WYNNE V. UNITED STATES, 217 U. S. 234 (1910)

U.S. Supreme Court

Wynne v. United States, 217 U.S. 234 (1910)

Wynne v. United States

No. 449

Argued February 28, March 1, 1910

Decided April 4, 1910

217 U.S. 234


The words "out of the jurisdiction of any particular state," as used in § 5339, Rev.Stat., refer to the states of the Union, and not to any separate particular community, and one committing the crimes referred to in that section in the harbor of Honolulu in the Territory of Hawaii is within the jurisdiction of the District Court of the

Page 217 U. S. 235

United States for that Territory. United States v. Bevans, 3 Wheat. 337, and Talbot v. Silver Bow County, 139 U. S. 438, distinguished. While, by § 5 of the Organic Act of the Territory of Hawaii of April 30, 1890, c. 339, 31 Stat. 141, the Constitution of the United States and laws not locally inapplicable were extended to Hawaii, and by § 6 of that act laws of Hawaii not repealed and not inconsistent with such Constitution and laws were left in force, nothing in the act operated to leave intact the jurisdiction of the territorial courts over crimes committed in the harbors of Hawaiian ports exclusively cognizable by the courts of the United States under § 5339, Rev.Stat.

A copy of the original certificate of enrollment of a vessel certified under seal by the deputy collector of customs of the port where issued which is in form as required by § 4155, Rev.Stat., held to be sufficient under the conditions of identification of the signature and seal and § 882, Rev.Stat., to prove the national character of the vessel upon which the crime was committed by one indicted and tried under § 5339, Rev.Stat.

The facts are stated in the opinion.

Page 217 U. S. 240

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