United States v. Dixon

73 F.Supp. 683 (E.D.N.Y. 1947)

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Nature of the Case

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Facts

Dixon (D) was a citizen of Great Britain and the chief cook on the U.S. merchant vessel S.S. Benjamin Silliman. While proceeding out of a port in Spanish Morocco, a fight developed between D and Elmo Martin. Martin was shot, and D was wounded. Both men were taken ashore and placed under the guard of the British consul in Spanish Morocco. Martin died from his wound. The British consul gave D over to the master of the U.S. merchant ship to transport him to the U.S. D was brought to the port of New York and placed under arrest and indicted for manslaughter. D moved to dismiss the indictment. The statute provided that trial was proper in the district where the offender was found or into which he was first brought.