Rooney v. North Dakota
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA. This writ of error brings in question a final judgment, of the Supreme Court of the State of North Dakota, affirming the judgment of an inferior court of that State, by which, pursuant to the verdict of a jury, the plaintiff in error, John Rooney, was sentenced to death for the crime of murder in the first 'degree.
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ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA. This writ of error brings in question a final judgment, of the Supreme Court of the State of North Dakota, affirming the judgment of an inferior court of that State, by which, pursuant to the verdict of a jury, the plaintiff in error, John Rooney, was sentenced to death for the crime of murder in the first 'degree. The sole question upon which the plaintiff in error seéks the judgment of this court, and the only one that will be noticed, is whether the statute under which he was sentenced was ex post facto and therefore unconstitutional…
1Opinion of the CourtJustice Harlan
It appears from the statement of the case that the statute in force when the sentence of death was pronounced differed from those in force when the crime was committed and when the verdict was rendered, in these particulars:
1. By the later law, close confinement in the penitentiary for not less than six months and not more than nine months, after judgment and before execution, was substituted for confinement in the county jail for not less than three months nor more than six months after judgment and before execution.
2. By the later law, hanging, within an inclosure at the penitentiary by the…
2Cases cited2 opinions
- Calder v. BullSupreme Court of the United States · 1798
- MedleySupreme Court of the United States · 1890
3Cited by87 opinions
- Weaver v. GrahamSupreme Court of the United States · 1981
- Warden v. MarreroSupreme Court of the United States · 1974
- Ex Parte MoussazadehCourt of Criminal Appeals of Texas · 2012
- Malloy v. South CarolinaSupreme Court of the United States · 1915
- State v. ColemanMontana Supreme Court · 1979
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