UNITED STATES SUPREME COURT DECISIONS ON-LINE

The objection that the warrant of arrest of the plaintiff in error purports to be issued by a "Commissioner U.S. Court, Western District of Arkansas" instead of a "commissioner of the Circuit Court," as required by statute, is without merit.

The ruling in Hickory v. United States, 160 U. S. 408, and the similar ruling in Atherty v. United States, 162 U. S. 499, that it is misleading for a court to charge a jury that from the fact of absconding they may infer the fact of guilt, and that flight is a silent admission by the defendant that he is unable to face the case against him, are reaffirmed, and such an instruction in this case is held to he fatally defective. clubjuris

Page 164 U. S. 628

The case is stated in the opinion.