Keerl v. Montana
Supreme Court of the United States
EEROE TO THE SUPREME COURT OF THE STATE OF MONTANA. On April 24, 1902, an information was filed in the District Court of Lewis and Clark County, Montana, charging the defendant, now plaintiff in error, with the crime of murder. Upon a trial he was found guilty of murder in the second degree and sentenced to imprisonment for life.
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EEROE TO THE SUPREME COURT OF THE STATE OF MONTANA. On April 24, 1902, an information was filed in the District Court of Lewis and Clark County, Montana, charging the defendant, now plaintiff in error, with the crime of murder. Upon a trial he was found guilty of murder in the second degree and sentenced to imprisonment for life. The judgment was reversed by the Supreme Court and a new trial ordered. 29 Montana, 508. The 'record recites that on the second trial the jury retired for deliberation on July 12,1904, and that on July 14,1904, they returned into court, “whereupon it satisfactorily…
1Opinion of the CourtJustice Bkewer
The defendant during the trial having specifically claimed that the action of the court in denying him thé benefit of the plea of once in jeopardy operated to deprive him of his liberty without due process of law, contrary to the Fourteenth Amendment to the Constitution of the United States, our jurisdiction of the writ of error cannot be questioned. Beer Co. v. Massachusetts, 97 U. S. 25-30; Bohanan v. Nebraska, 118 U. S. 231; Boyd v. Thayer, 143 U. S. 135-161.
On the merits, there is little room for controversy. In United States v. Perez, 9 Wheat. 579, 580, this court passed upon the…
2Cases cited7 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Logan v. United StatesSupreme Court of the United States · 1892
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Dreyer v. IllinoisSupreme Court of the United States · 1902
- Thompson v. United StatesSupreme Court of the United States · 1894
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3Cited by88 opinions
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- Arizona v. WashingtonSupreme Court of the United States · 1978
- Wade v. HunterSupreme Court of the United States · 1949
- Illinois v. SomervilleSupreme Court of the United States · 1973
- Downum v. United StatesSupreme Court of the United States · 1963
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