Charles Evans Whittaker

“ It is therefore clear that petitioner has a plain and adequate remedy at law in the criminal case pending against him in the Illinois court.
There is still another cardinal reason why it was proper for the District Court to dismiss the complaint. We live in the jurisdiction of two sovereignties. Each has its own system of courts to interpret and enforce its laws, although in common territory. ”

“ There has been no finding that petitioner's arrest was unlawful or that the search of his person which yielded the narcotics was not incident to a lawful arrest and therefore proper. The state court's finding-the only court involved and the only finding on the matter-is the other way. Nor is there even any allegation in the complaint that the arrest was not made upon probable cause, although it is admitted that the search was made incident to the arrest. ”

“ One of them is that an accused 'should not be permitted to use the machinery of one sovereignty to obstruct his trial in the courts of the other, unless the necessary operation of such machinery prevents his having a fair trial.' Ponzi v. ”