Brooks v. Missouri
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. MotioN to dismiss. The' plaintiff in error was indicted tor murder, tried and convicted, in the State of Missouri. On appeal to the Supreme Court of that State the judgment in the' trial court was affirmed. The federal questions which fvere supposed to arise in the case' are stated in. the opinion of the court.
1Opinion of the Court
Mr. Chief Justice "Waite
delivered the opinion of the court.
In Spies v. Illinois, 123 U. S. 131, 181, it was said that “ to give us jurisdiction under § 709 of the Revised Statutes be cause of a denial by a state court of any title, right, privilege, or immunity claimed under the Constitution, or any treaty or statute of the United States, it must appear on the record that such title, right, privilege, or immunity was ‘ specially set up or claimed’ at the proper time in the proper way. To be reviewable here the decision must be against the right so set up or claimed. As the Supreme Court of…
2Cases cited5 opinions
- Spies v. IllinoisSupreme Court of the United States · 1887
- Murdock v. City of MemphisSupreme Court of the United States · 1875
- Chouteau v. GibsonSupreme Court of the United States · 1884
- Chapman v. Goodnow's AdministratorSupreme Court of the United States · 1887
- Adams County v. Burlington & Missouri RailroadSupreme Court of the United States · 1884
3Cited by22 opinions
- Betts v. BradySupreme Court of the United States · 1942
- Iowa Central Railway Co. v. IowaSupreme Court of the United States · 1896
- Herndon v. GeorgiaSupreme Court of the United States · 1935
- Jacobi v. AlabamaSupreme Court of the United States · 1902
- Apex Transportation Co. v. GarbadeOregon Supreme Court · 1898
17 more not listed; retrieve them via the Exa API.