Legal Opinion

Caldwell v. Texas

Supreme Court of the United States

Decided January 12, 1891No. 1541PublishedCited by 91 opinions

ERROR TO THE COURT OF APPEALS OF THE STATE OF TEXAS. Motion to dismiss. The case was stated by the court as follows: William Caldwell was arraigned upon the following indictment found by the grand jury of Fort Bend County, Texas: “ In the name and by the authority of the State of Texas.

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ERROR TO THE COURT OF APPEALS OF THE STATE OF TEXAS. Motion to dismiss. The case was stated by the court as follows: William Caldwell was arraigned upon the following indictment found by the grand jury of Fort Bend County, Texas: “ In the name and by the authority of the State of Texas. “The grand jurors, good and lawful men of the State of Texas, county of Fort Bend, duly tried on oath by the judge of the District Court of said county touching their legal qualifications as grand jurors, elected, empanelled, sworn and charged to inquire into and true presentments make of all offences against…

1Opinion of the CourtChief Justice Fuller

By the Fourteenth Amendment the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or classes of persons of equal and impartial justice under the law. Law, in its regular course of administration through courts of justice, is due process, and when secured by the law of the State, the constitutional requisition is satisfied. 2 Kent Comm. 13. And due process is so secured by laws operating on all alike, and not subjecting the individual to the arbitrary exercise of the powers of government, unrestrained by the established…

2Cases cited2 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. Somerville's Executors v. HamiltonSupreme Court of the United States · 1819

3Cited by91 opinions

  1. Twining v. New JerseySupreme Court of the United States · 1908
  2. Maxwell v. DowSupreme Court of the United States · 1900
  3. Moore v. MissouriSupreme Court of the United States · 1895
  4. Duncan v. MissouriSupreme Court of the United States · 1894
  5. Buchalter v. New YorkSupreme Court of the United States · 1943

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