Legal Opinion

Twitchell v. Commonwealth

Supreme Court of the United States

Decided April 18, 1869PublishedCited by 83 opinions

This was a petition, by one Twítchell, for a writ of error to the Court of Oyer and Terminer of the City and County of Philadelphia, and the Supreme Court of Pennsylvania, with' a view to the revision here of a judgment of the former court, affirmed by the latter court, which condemned the petitioner to suffer death for the crime of murder.

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This was a petition, by one Twítchell, for a writ of error to the Court of Oyer and Terminer of the City and County of Philadelphia, and the Supreme Court of Pennsylvania, with' a view to the revision here of a judgment of the former court, affirmed by the latter court, which condemned the petitioner to suffer death for the crime of murder. The case was this: The Constitution of the United States, by its nth Amendment, ordains, that no person shall be held to answer for a' capital crime,^nor be deprived of life “without due process of law;” and, by its 6th, that in all criminal prosecutions…

1Opinion of the Court

The CHIEF JUSTICE,

on the Monday following, de- ,. livered the opinion of the court.

' • The application for the writ of error, is made under the 25th .section of the Judiciary Act of 1789, which makes provision'for the exercise of the appellate jurisdiction of this court over judgments and decrees of the courts of the States.

/' Neither ,the act of 1789, nor the-act of 1867, which -in some particulars supersedes and replaces the act of 1789, makes any distinction between civil and criminal cases in ;/respect to the revision of the judgments of State courts by this court; nor are we aware that…

2Cases cited1 opinion

  1. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833

3Cited by83 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Betts v. BradySupreme Court of the United States · 1942
  3. Brown v. WalkerSupreme Court of the United States · 1896
  4. Tennessee v. DavisSupreme Court of the United States · 1880
  5. Spies v. IllinoisSupreme Court of the United States · 1887

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