Legal Opinion

Thomas v. Iowa

Supreme Court of the United States

Decided March 23, 1908No. 533PublishedCited by 18 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP IOWA.' The facts are stated in the opinion. Federal questions arise upon the decision of the trial court, • which was affirmed by the Supreme Court of Iowa, whereby the plaintiff in error was denied the right of trial by jury, contrary to the Fourteenth Amendment tó the United States' Constitution.

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ERROR TO THE SUPREME COURT OP THE STATE OP IOWA.' The facts are stated in the opinion. Federal questions arise upon the decision of the trial court, • which was affirmed by the Supreme Court of Iowa, whereby the plaintiff in error was denied the right of trial by jury, contrary to the Fourteenth Amendment tó the United States' Constitution. The guaranty of “due process of law” embraces a guaranty of the right of trial by jury, including the right to have the jury find every fact material or necessary to show the guilt and its degree of the crime charged against the accused. The crime charged…

1Opinion of the CourtJustice Moody

delivered the opinion of the court..

This is a writ of error by which it is sought to reexamine a judgment of the Supreme Court of the State of- Iowa. The judgment affirms the conviction of the plaintiff in error of the crime of murder in the first degree. The Code of Iowa contains the following provisions:

“ (4727) Whoever kills any human being with malice aforethought, either express or implied, is guilty of murder.
“ (4728) All murder which is perpetrated by means of poison, or lying in wait, or any other kind of willful, deliberate and premeditated killing, or which is committed in the…

2Cases cited4 opinions

  1. Montant Ex Rel. Haire v. RiceSupreme Court of the United States · 1907
  2. Miller v. Cornwall RailroadSupreme Court of the United States · 1897
  3. Harding v. IllinoisSupreme Court of the United States · 1904
  4. Clarke v. McDadeSupreme Court of the United States · 1897

3Cited by18 opinions

  1. Virginia-Carolina Chemical Co. v. KirvenSupreme Court of the United States · 1909
  2. Wilson v. McLaneSupreme Court of the United States · 1929
  3. State v. LOUIS UNION TRUST CO.Supreme Court of Missouri · 1952
  4. Munoz v. Porto Rico Ry. Light & Power Co.Court of Appeals for the First Circuit · 1936
  5. American Radiator Co. v. RoggeSupreme Court of the United States · 1917

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