Legal Opinion

Winston v. United States. Strather v. Same. Smith v. Same

Supreme Court of the United States

Decided January 3, 1899No. 431, 432, 433PublishedCited by 86 opinions

CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. These were three cases of indictments, returned and tried in the Supreme Court of the District of Columbia, for murders committed since the passage of the act of Congress of January 15, 1897, c. 29, by the first section of which, “ in all cases where the accused is found guilty of the crime of murder or of rape under sections fifty-three hundred and thirty-nine or fifty-three hundred and forty-five, Revised…

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CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. These were three cases of indictments, returned and tried in the Supreme Court of the District of Columbia, for murders committed since the passage of the act of Congress of January 15, 1897, c. 29, by the first section of which, “ in all cases where the accused is found guilty of the crime of murder or of rape under sections fifty-three hundred and thirty-nine or fifty-three hundred and forty-five, Revised Statutes, the jury may qualify their verdict by adding thereto ‘ without capital punishment; ’ and whenever the jury shall…

1Opinion of the CourtJustice Gray

By section 5339 of the Revised Statutes, reenacting earlier acts of Congress, “every person who commits murder” “ within any fort, arsenal, dockyard, magazine, or in any other place or district of country under the exclusive jurisdiction of the United States,” “ shall suffer death.”

The act of January 15, 1897, c. 29, entitled “An act to reduce the cases in which the penalty of death may be inflicted,” provides, in section 1, that in all cases in which the accused is found guilty of the crime of murder under section 5339 of the Revised Statutes “ the jury may qualify their verdict by adding…

2Cases cited6 opinions

  1. Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
  2. Hopt v. PeopleSupreme Court of the United States · 1882
  3. Davis v. Utah TerritorySupreme Court of the United States · 1894
  4. Calton v. UtahSupreme Court of the United States · 1889
  5. State v. MelvinSupreme Court of Louisiana · 1856

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3Cited by86 opinions

  1. Hill v. StateMississippi Supreme Court · 1983
  2. Duane Earl Pope v. United StatesCourt of Appeals for the Eighth Circuit · 1967
  3. Tatum v. United StatesCourt of Appeals for the D.C. Circuit · 1951
  4. State v. CreechIdaho Supreme Court · 1983
  5. State v. WhiteWashington Supreme Court · 1962

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