Davis v. Burke
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF IDAHO. This was an appeal from an order denying a writ of habeas corpus to the appellant Davis, who was, on April 15,1897, found guilty of murder in the. District Court of Cassia County, Idaho, and sentenced to be hanged June 4, 1897. Motion for a new trial was denied, an appeal taken to the Supreme Court of Idaho, and on May 6, 1898, the judgment of the lower court was affirmed. 53 Pac.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF IDAHO. This was an appeal from an order denying a writ of habeas corpus to the appellant Davis, who was, on April 15,1897, found guilty of murder in the. District Court of Cassia County, Idaho, and sentenced to be hanged June 4, 1897. Motion for a new trial was denied, an appeal taken to the Supreme Court of Idaho, and on May 6, 1898, the judgment of the lower court was affirmed. 53 Pac. Rep. 678. His execution having been postponed, an application for pardon was presented to the State Board of Pardons, and was denied…
1Opinion of the CourtJustice Brown
The assignments of error, which are somewhat voluminous, are practically resolvable into two questions, first, whether the petitioner was legally prosecuted by information, and, second, whether the act of February 18, 1899, providing for executions at the state penitentiary under the direction of the warden, is as to this defendant ex post facto, and, as dependent upon this, whether he could be executed under section 8021 of the ".Revised Statutes as it formerly stood, after that section had been repealed by the act of February 18, 1899.(1) The constitution of Idaho contains the following…
2Cases cited16 opinions
- Ex Parte RoyallSupreme Court of the United States · 1886
- In Re NeagleSupreme Court of the United States · 1890
- Baker v. GriceSupreme Court of the United States · 1898
- Whitten v. TomlinsonSupreme Court of the United States · 1895
- Wildenhus's CaseSupreme Court of the United States · 1887
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3Cited by177 opinions
- Picard v. ConnorSupreme Court of the United States · 1971
- Fay v. NoiaSupreme Court of the United States · 1963
- Mooney v. HolohanSupreme Court of the United States · 1935
- Darr v. BurfordSupreme Court of the United States · 1950
- State v. FranklinNew Mexico Supreme Court · 1967
172 more not listed; retrieve them via the Exa API.