Neal v. Delaware
Supreme Court of the United States
Error to tbe Court of Oyer and Terminer of New Castle County, State x>£ Delaware. The plaintiff in error, a citizen, of African descent, was, on May 11, 1880, indicted in the Court of General Sessions of the Peace and Jail Delivery of New Castle County, Delaware, for the crime of rape, — an offence punishable, under the laws of that State, with death.
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Error to tbe Court of Oyer and Terminer of New Castle County, State x>£ Delaware. The plaintiff in error, a citizen, of African descent, was, on May 11, 1880, indicted in the Court of General Sessions of the Peace and Jail Delivery of New Castle County, Delaware, for the crime of rape, — an offence punishable, under the laws of that State, with death. The indictment was, by a writ of certiorari, removed for trial into the Court of Oyer and Terminer for the same county, the highest judicial tribunal of Delaware in which the decision of such a case could be had. In the latter court, the…
1Opinion of the CourtJustice Harlan
The assignments of error are numerous, but they are all embraced by the general proposition that the court erred as well in proceeding with the case after the petition for removal was filed, as in denying the motions to quash the indictment, and the panels of jurors.
The first question to which our attention will be directed relates to the assertion, by the accused, of the right of removal under sect. 641 of the Revised Statutes. That section declares that, “ When any civil suit or criminal prosecution is commenced in any State court, for any cause whatsoever, against any person who is denied…
2Cases cited1 opinion
- Strauder v. West VirginiaSupreme Court of the United States · 1880
3Cited by473 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Glasser v. United StatesSupreme Court of the United States · 1942
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Washington v. DavisSupreme Court of the United States · 1976
- Swain v. AlabamaSupreme Court of the United States · 1965
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