Brown v. New Jersey
Supreme Court of the United States
ERROR TO THE COURT OF OYER AND TERMINER OF HUDSON COUNTY, STATE OF NEW JERSEY. The plaintiff in error was, on October 5, 1898, in the Court of Oyer and Terminer of Hudson County, New Jersey, found, guilty of the crime of murder. On- March 6, 1899,- the judgment of the Court of Oyer and -Terminer was affirmed by the New Jersey Court of Errors and Appeals, and the case being remanded to the trial court, plaintiff in error was, on April 19, 1899, sentenced to be hanged.
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ERROR TO THE COURT OF OYER AND TERMINER OF HUDSON COUNTY, STATE OF NEW JERSEY. The plaintiff in error was, on October 5, 1898, in the Court of Oyer and Terminer of Hudson County, New Jersey, found, guilty of the crime of murder. On- March 6, 1899,- the judgment of the Court of Oyer and -Terminer was affirmed by the New Jersey Court of Errors and Appeals, and the case being remanded to the trial court, plaintiff in error was, on April 19, 1899, sentenced to be hanged. The jury which tried the case was what is known to the New Jersey statutes as a “ struck jury,” authority for which is found in…
1Opinion of the CourtJustice Brewer
That the statutory provisions for a struck jury are not in conflict with the constitution of New Jersey is for this court foreclosed by the decision of the highest court of the State. Louisiana v. Pilsbury, 105 U. S. 278, 294; Hallinger v. Devis, 146 U. S. 314, 319; Forsyth v. Hammond, 166 U. S. 506.
The first ten amendments to the Federal Constitution contain no restrictions on the powers of the State, but were intended to operate solely on Federal Government. Barron v. Baltimore, 7 Pet. 243; Fox v. Ohio, 5 How. 410; Twitchell v. Commonwealth, 7 Wall. 321; United States v. Cruikshank, 92 U.…
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