
    UNITED STATES v. HAMILTON.
    ON CERTIFICATE OF DIVISION IN OPINION BETWEEN THE JUDGES OF THE CIKOUIT COURT OF ' THE UNITED STATES FOR THE MIDDLE DISTRICT OF TENNESSEE.
    Submitted October Term, 1882.
    Decided October 15th, 1883.
    
      Practise
    
    This court will not take cognizance of a division of opinion between the- judges of a circuit court on a mStion. to quash an indictment.
   Mr. Justice Bradley

delivered the opinion of the court.

The certificate of division in this case was made on a division in opinion between the judges on a motion to quash the indictment. As a motion to quash is always addressed to the discretion of the court, a decision upon it is hot error, and cannot be reviewed oh a writ of error. In the case of United States v. Rosenburgh, 7 Wall. 580, we decided the precise point, that this court cannot take cognizance of a division of opinion between the judges of a circuit court upon a motion to quash an indictment. This decision was re-affirmed in United States v. Avery, 13 Wall. 251, and in United States v. Canda, decided at October term 1881.

The ease, not being properly before us, is dismissed.  