Legal Opinion

Howard v. Kentucky

Supreme Court of the United States

Decided January 2, 1906No. 77PublishedCited by 77 opinions

ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY. The facts are stated in the opinion. A Federar question is seasonably presented, although made for the first time in the Appellate Court, in petition for a rehearing, provided said court passes upon same., and holds against the party invoking protection under the Constitution or laws of the United States.

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ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY. The facts are stated in the opinion. A Federar question is seasonably presented, although made for the first time in the Appellate Court, in petition for a rehearing, provided said court passes upon same., and holds against the party invoking protection under the Constitution or laws of the United States. Mallet v. North Carolina, 183 U. S. 592; Leigh v. Green,' 193 _U. S. 79; U. S. Compiled Statutes, § 709; Canal Co., v. Patten Paper Co.,172 U.'S. 58; Powell v. Brunswick County, 150 U. S. 433; O’Neil v. Vermont, 144 U. S. 359. A State…

1Opinion of the CourtJustice McKenna

The plaintiff in error seeks to review the judgment of the Court of Appeals of the Commonwealth of Kentucky, affirming a conviction and sentence of murder against him. He was indicted, with others, for killing one William Goebel. The grounds of review by this court are based upon certain rulings of the trial court which, plaintiff in error contends, were repugnant to the due process clause of the-Fourteenth Amendment of the Constitution of the United States.

It appears from the record-that eleven jurors, including one J. C. Alexander, had been accepted by the parties. The Commonwealth had…

2Cases cited4 opinions

  1. Hayes v. MissouriSupreme Court of the United States · 1887
  2. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  3. Brown v. New JerseySupreme Court of the United States · 1899
  4. In Re ConverseSupreme Court of the United States · 1891

3Cited by77 opinions

  1. Snyder v. MassachusettsSupreme Court of the United States · 1934
  2. Betts v. BradySupreme Court of the United States · 1942
  3. Frank v. MangumSupreme Court of the United States · 1915
  4. Twining v. New JerseySupreme Court of the United States · 1908
  5. People v. BeanIllinois Supreme Court · 1990

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