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EX PARTE UNITED STATES, 287 U. S. 241 (1932)

U.S. Supreme Court

Ex Parte United States, 287 U.S. 241 (1932)

Ex Parte United States

No.19, original

Argued November 7, 1932

Decided December 5, 1932

287 U.S. 241


1. This Court has full power in its discretion to issue the writ of mandamus to a federal district court, although the case be one in respect of which direct appellate jurisdiction is vested in the circuit court of appeals, this Court having ultimate discretionary jurisdiction by certiorari, but such power will be exercised only where a question of public importance is involved, or where the question is of such a nature that it is peculiarly appropriate that such action by this Court should be taken. Pp. 287 U. S. 245, 287 U. S. 248.

2. Application by the Government for a mandamus to require a federal district court to issue a bench warrant upon an indictment regularly found and fair on its face held within the appellate jurisdiction of this Court. P. 287 U. S. 249.

3. A district court, when asked by the Government to issue a bench warrant upon an indictment fair on its face and returned to it by its duly constituted grand jury, has no discretion to refuse. P. 287 U. S. 249.

4. In the court to which the indictment is returned, the finding of an indictment, fair upon its face, by a properly constituted grand jury conclusively determines the existence of probable cause for the purpose of holding the accused to answer. P. 287 U. S. 250.

Mandamus granted.

Petition for a writ of mandamus requiring a District Court and its judge to set aside an order denying an application for a bench warrant. An opinion of the court below is reported sub nom. United States v. Wingert, 55 F.2d 960. The hearing in this Court was upon the petition and the return to an order to show cause.

Page 287 U. S. 244

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