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· 10/25/1897

Craemer v. Washington

Citations

  • 168 U.S. 124
  • 18 S. Ct. 1
  • 42 L. Ed. 407
  • 1897 U.S. LEXIS 1711

Syllabus

<p>In the case of a petition for habeas corpus for relief from a detention under process alleged to be illegal, by reason of the invalidity of the process or proceedings under .which the petitioner is held in custody, copies of such process or proceedings must be annexed to, or the essential parts thereof set out in the petition, mere averments of conclusions of law being necessarily inadequate.</p> <p>In this case, which was an indictment for murder, the verdict being “ guilty as charged ” ; and judgment of condemnation to death thereon being affirmed by the Supreme Court of the State; and this court having determined, on a former petition by the petitioner, that it had no jurisdiction to review that judgment, Craemer v. Washington State, 161 U. S. 701; and the time appointed for execution having passed, pending all these proceedings, it was within the power of the state court to make a subsequent appointment of another day therefor, and to issue a death warrant accordingly, and a judgment to that effect involved no violation of the Constitution of the United States.</p>

Judges: Fuller

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