Fitzpatrick v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA. This was a wTrit of error to review the conviction of Fitzpatrick, who was jointly indicted with Henry Brooks and William Corbett for the murder of Samuel Roberts, on March 13, 1898, at Dyea, in the Territory of Alaska.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA. This was a wTrit of error to review the conviction of Fitzpatrick, who was jointly indicted with Henry Brooks and William Corbett for the murder of Samuel Roberts, on March 13, 1898, at Dyea, in the Territory of Alaska. The indictment, omitting the formal parts, was as follows: “ The said John Fitzpatrick, Henry Brooks and William Corbett at or near Dyea, within the said district of Alaska, and within the jurisdiction of this court, and under the exclusive jurisdiction of the United States, oh the 13th day of March,…
1Opinion of the CourtJustice Brown
1. A suggestion is made by the government of a want of jurisdiction in this case, upon the ground that it is not of a “ conviction of a capital crime ” within section five of the Court of Appeals act of March 3, 1891, c. 517, 26 Stat. 826, as amended by act of January 20, 1897, c. 68, 29 Stat. 492, specifying the cases in which a writ of error may be issued directly to a District Court. It is clear, however, that, as section 5339 of the Revised Statutes inflicts the penalty of death for murder, the power given the jury by the act of January 15, 1897, c. 29, 29 Stat. 487, to qualify the…
2Cases cited10 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- Logan v. United StatesSupreme Court of the United States · 1892
- Sparf v. United StatesSupreme Court of the United States · 1895
- Ex Parte WilsonSupreme Court of the United States · 1885
- The Paquete HabanaSupreme Court of the United States · 1899
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3Cited by213 opinions
- Doyle v. OhioSupreme Court of the United States · 1976
- Jenkins v. AndersonSupreme Court of the United States · 1980
- McGautha v. CaliforniaSupreme Court of the United States · 1971
- Lutwak v. United StatesSupreme Court of the United States · 1953
- United States v. Orange Jell BeechumCourt of Appeals for the Fifth Circuit · 1978
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