Tennessee v. Davis

100 U.S. (10 Otto) 257 (1879)

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Nature of the Case

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Facts

D was a federal revenue official. It was his duty to seize illegal distilleries used to make alcoholic beverages. It is alleged that D went about his work and was fired upon by armed men. In defense, D returned fire and killed J.B. Haynes. D was indicted for premeditated murder in Tennessee. D petitioned the United States for the Middle District of Tennessee to have his criminal case removed to federal court. D used section 643 of the Revised Statutes as the basis of federal law: 'When any civil suit or criminal prosecution is commenced in any court of a State against any officer appointed under, or acting by authority of, any revenue law of the United States, now or hereafter enacted, or against any person acting by or under authority of any such officer, on account of any act done under color of his office or of any such law, or on account of any right, title, or authority claimed by such officer or other person under any such law,' the case may be removed into the Federal court. The panel could not decide on the issues and so certified three questions.