Ex parte McClusky
U.S. Circuit Court for the District of Arkansas
On application for habeas corpus. These cases are alike, and they will be considered together. The petitioners state that on the-d"ay of September, 1889, an information was filed against them in the United States court for the Indian Territory, by the district attorney for the Indian territory, charging them with larceny; that said petitioners were afterwards arraigned before the said court; and that they then' and there pleaded guilty to said charge; that afterwards…
Read the full summary
On application for habeas corpus. These cases are alike, and they will be considered together. The petitioners state that on the-d"ay of September, 1889, an information was filed against them in the United States court for the Indian Territory, by the district attorney for the Indian territory, charging them with larceny; that said petitioners were afterwards arraigned before the said court; and that they then' and there pleaded guilty to said charge; that afterwards judgment was entered on said plea of guilty, and by said judgment said McClusky was sentenced by said court to imprisonment in…
1Opinion of the Court
Parker, J.,
(after stating the facts as above.') The first question is, could these petitioners be pronounced guilty of the crime of larceny, and sentenced to imprisonment for said crime, without being first charged with the crime by an indictment preferred by a legal grand jury? Second. If this is a fundamental requisite, is the right to insist upon its being-complied with one that may be waived by a party, and is it waived by a plea of guilty to a charge of larceny presented by an information?
Article 5 of the amendments to the constitution provides that “no person shall be held to answer for…
2Cases cited6 opinions
- Ex Parte BainSupreme Court of the United States · 1887
- Ex Parte WilsonSupreme Court of the United States · 1885
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- MacKin v. United StatesSupreme Court of the United States · 1886
- Ex Parte KarstendickSupreme Court of the United States · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Singer v. United StatesSupreme Court of the United States · 1965
- Honomichl v. StateSouth Dakota Supreme Court · 1983
- Taylor v. StateWyoming Supreme Court · 1980
- Aldredge v. WilliamsSupreme Court of Georgia · 1939
- United States v. GillDistrict Court, D. New Mexico · 1931
15 more not listed; retrieve them via the Exa API.