Davis v. Burke

Syllabus

<p>Defendant being convicted of murder, carried the case to the Supreme Court of the State, but made no claim there of a Federal question. Held: That before applying to a Circuit Court of the United States for a writ of habeas corpus he should have exhausted his remedy in the- state court, either by setting up the Federal question on his appeal to the Supreme Court, or by applying to the state court for a writ of habeas corpus.</p> <p>The constitution of Idaho, providing for the prosecutions of felonies by information, is so far self-executing that a conviction upon information cannot be impeached here upon the ground that defendant has been denied due process of law.</p> <p>The question whether a convict shall be executed by the sheriff, as the law stood at the time of his trial and conviction, or by the warden of the penitentiary, as the law was subsequently amended, or whether he shall escape punishment altogether, involves no question of due process of law under the Fourteenth Amendment.</p>