Garland v. Washington
Citations
- 232 U.S. 642
- 34 S. Ct. 456
- 58 L. Ed. 772
- 1914 U.S. LEXIS 1311
Syllabus
<p>Due process of law does not require the State to adopt any particular form of procedure in criminal trials, so long as the accused has had sufficient notice of the accusation and adequate opportunity to defend. Rogers v. Peck, 199 U. S. 425.</p> <p>The want of a formal arraignment to a second information of the same offense does not deprive the accused of any substantial right, and where the course of the trial, otherwise fair, was not in any manner affected to his prejudice, there is no denial of due process of law. Technical objections, originating in the early period of English history when the accused was entitled to but few rights, are passing away and should not be allowed as to unimportant formalities where the rights of the accused have not been prejudiced.</p> <p>This court is reluctant to overrule i'ts former decisions, and it only does so in this case because it appears that the right sustained in a former case involving criminal procedure is no longer required for the protection of the accused. Crain v. United States, 162 U. S. 625, overruled so far as not in accord herewith.</p>
Judges: Day
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.