Cross v. Burke
Supreme Court of the United States
APPEAL' FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. William D. Cross was found guilty for the second time upon an indictment, for murder in the - Supreme Court of the District of Columbia holding a criminal term and sentenced to death, the time of his execution being fixed for January 22, 1892. He prosecuted an appeal to the court in general term, which, on January 12 1892, finding no error in the record, affirmed the judgment rendered at the criminal term, and on…
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APPEAL' FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. William D. Cross was found guilty for the second time upon an indictment, for murder in the - Supreme Court of the District of Columbia holding a criminal term and sentenced to death, the time of his execution being fixed for January 22, 1892. He prosecuted an appeal to the court in general term, which, on January 12 1892, finding no error in the record, affirmed the judgment rendered at the criminal term, and on January 21,'1892, a writ of error from this court was allowed by the Chief Justice of the Supreme Court of the District,…
1Opinion of the CourtChief Justice Fuller
It was not denied in the Supreme Court of the District that the time and place of execution are not parts of a sentence of death unless made so by statute. Holden v. Minnesota, 137 U. S. 483, 495; Schwab v. Berggren, 143 U. S. 442, 451. But it was insisted that in the District of Columbia the time has been made a part of the sentence by section 845 of the Revised Statutes of the District, which is in these words: “To enable any person convicted by the judgment of the court, to apply for a writ of error, in all cases when the judgment shall be death, or confinement in the penitentiary, the…
2Cases cited15 opinions
- Ex Parte McCardleSupreme Court of the United States · 1869
- United States v. SangesSupreme Court of the United States · 1892
- Wales v. WhitneySupreme Court of the United States · 1885
- Ex Parte YergerSupreme Court of the United States · 1869
- Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
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