Legal Opinion

Hallinger v. Davis

Supreme Court of the United States

Decided November 28, 1892No. 1,100PublishedCited by 118 opinions

APPEAL FROM THE' CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. This was a petition to the Circuit Court for a writ of habeas corpus. The facts were stated by this court as follows:. On the 30th day of May, a.d. 1892, the appellant, Edward W. Hallinger, presented a petition to the Circuit Court of the United States.for the District of New Jersey, wherein, and in a copy of the record of the proceedings in the Court of.

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APPEAL FROM THE' CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. This was a petition to the Circuit Court for a writ of habeas corpus. The facts were stated by this court as follows:. On the 30th day of May, a.d. 1892, the appellant, Edward W. Hallinger, presented a petition to the Circuit Court of the United States.for the District of New Jersey, wherein, and in a copy of the record of the proceedings in the Court of. Oyer and Terminer and General Jail Delivery of the county of Hudson, State of New Jersey, attached to said petition as part thereof, the following facts…

1Opinion of the CourtJustice Shirks

It is contended on behalf of the appellant that the judgment and sentence of the Court of Oyer and Terminer of Hudson County, New Jersey, whereby he is deprived of his liberty and condemned to be hanged, are void, because the. Act of Criminal Procedure of the State of New Jersey, in pursuance of the provisions of which such judgment and sentence were rendered, is repugnant to the Fourteenth Amendment of the Constitution of the United States, which is in these words:' “Nor shall any State deprive any person of life, liberty or property without due process of law.” Such repugnancy is supposed…

2Cases cited9 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
  3. Davidson v. New OrleansSupreme Court of the United States · 1878
  4. In Re KemmlerSupreme Court of the United States · 1890
  5. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833

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3Cited by118 opinions

  1. Spencer v. TexasSupreme Court of the United States · 1966
  2. Frank v. MangumSupreme Court of the United States · 1915
  3. Singer v. United StatesSupreme Court of the United States · 1965
  4. Twining v. New JerseySupreme Court of the United States · 1908
  5. Holden v. HardySupreme Court of the United States · 1898

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