Barker v. People
New York Supreme Court
Error to the Supreme Court, In February,. 1822, Jacob Barker, the plaintiffin error, was indicted in the Court of General Sessions of the Peace, of the city and county of New York, for sending a challenge to, David Rogers, to fight a duel.
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Error to the Supreme Court, In February,. 1822, Jacob Barker, the plaintiffin error, was indicted in the Court of General Sessions of the Peace, of the city and county of New York, for sending a challenge to, David Rogers, to fight a duel. The indictment contained five counts ; the four first of which alleged the offence to, have, been committed ■by Barker, in the city of New-York, on various. days, in the* months of January and February, 1822, “ against the form of the statute in such case made and provided,” being founded on the act “ to suppress duelling,” passed the 5th of Novemher, 1816.…
1Opinion of the Court
The Chancellor.
The first section of the act of the fifth of November 1816, to suppress duelling, prescribes, that “ the person convicted shall be incapable of holding or “ being elected to any post of profit, trust or emolument, civil or military, under this state :” and the objection now made, is, that this punishment is inconsistent with the constitution.
The constitution of the United States provides, that cruel and unusual punishments shall not be inflicted. This provision is one of the amendments to that constitution, which were adopted soon alter the constitution itself had been…
2Cited by45 opinions
- Harmelin v. MichiganSupreme Court of the United States · 1991
- Lawton v. . SteeleNew York Court of Appeals · 1890
- People ex rel. Grinnell v. HoffmanIllinois Supreme Court · 1886
- Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
- People v. . PiersonNew York Court of Appeals · 1903
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