In Re Heath
Supreme Court of the United States
ORIGINAL. No Number. Thomas H. Heath was convicted of manslaughter at a special criminal term of the Supreme Court of the District of Columbia, and sentenced to be confined in the penitentiary at Albany,'New York.
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ORIGINAL. No Number. Thomas H. Heath was convicted of manslaughter at a special criminal term of the Supreme Court of the District of Columbia, and sentenced to be confined in the penitentiary at Albany,'New York. Upon appeal to the general term of that court the judgment was affirmed, whereupon he applied for a writ of error from this court-. The petition was originally presented to the Chief Justice; and, by order duly made, referred to the court in session for the consideration and determination of the question of jurisdiction arising thereon.
1Opinion of the CourtChief Justice Fuller
delivered' the opinion of the court.
By section five of the Judiciary Act of March 3, 1891, (26 Stat. 826, c. 517,) it was provided that appeals and writs of error might be taken “ from the District Courts or from the existing Circuit Courts” directly to this court “in cases of conviction of a capital or otherwise infamous crime.” And although this case is not embraced in terms within the appellate jurisdiction conferred by the provision, yet it is contended that it falls within it, when taken in connection with section 816 of the Devised Statutes of the District of Columbia. That section is…
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