Legal Opinion

McNulty v. California

Supreme Court of the United States

Decided May 15, 1893No. 1,253PublishedCited by 45 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This was a motion to dismiss. The case- is stated in the opinion.

1Opinion of the CourtChief Justice Fuller

Plaintiff in error was tried for the murder of one Collins on March 25, 1888, convicted and sentenced to be hanged. From the judgment of conviction he prosecuted an appeal to the Supreme Court of the State of California, which on May 1, 1891, affirmed the judgment of the court below. On May 27, the Supreme Court, of its own motion Set aside the judgment of affirmance solely on the ground, as shown by the record, that the cause might “ be argued upon the question of effect and operation of the recent amendment to the penal code respecting the execution of a sentence of death.” The cause having…

2Cases cited6 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. In Re KemmlerSupreme Court of the United States · 1890
  3. Spies v. IllinoisSupreme Court of the United States · 1887
  4. MedleySupreme Court of the United States · 1890
  5. Leeper v. TexasSupreme Court of the United States · 1891

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3Cited by45 opinions

  1. Twining v. New JerseySupreme Court of the United States · 1908
  2. Maxwell v. DowSupreme Court of the United States · 1900
  3. State v. FranklinNew Mexico Supreme Court · 1967
  4. Davis v. BurkeSupreme Court of the United States · 1900
  5. Lem Woon v. OregonSupreme Court of the United States · 1913

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