Graham v. West Virginia

Citations

• 224 U.S. 616
• 32 S. Ct. 583
• 56 L. Ed. 917
• 1912 U.S. LEXIS 2330
• 70 W. Va. 793

Syllabus

<p>The statute of West Virginia, providing that where a prisoner has been convicted and sentenced to the penitentiary, the question of Ms identity with one previously convicted one or more times can be tried on information, and if proved, imposing additional imprisonment in case of one prior conviction for five years, and in case of two convictions, for life, is not unconstitutional, as to one twice pre- ■ viously convicted and on whom lifé imprisonment has been imposed, either as depriving him of his liberty- without due process of law, denying him the equffi protection of the law, placing him in second jeopardy for the same off ensé, abridging his privileges and immunities as a citizen of the United States, or inflicting cruel and unusual punishment.</p> <p>The propriety of inflicting severer punishment upon old offenders has long been recognized in this country and in England — such increased punishment is not a second punishment for the earlier crime but is justified by the repetition of criminal conduct.</p> <p>One who has been convicted before is not denied due process of law by having the question of identity passed upon separately from the question of guilt of the second offense.</p> <p>A State which adopts the policy of heavier punishment for repeated offending may provide for guarding against second offenders escaping ■ by reason of their identity not being known at the time of sentence.</p> <p>Proceeding by information instead of indictment to ascertain the identity of a convicted criminal with one previously convicted does not deny due process of law or equal protection of the. law; and this even if other persons accused of crime are proceeded against by indictment.</p> <p>The Fourteenth Amendment did not introduce a factitious equality without regard to practical differences that are best met by corresponding differences of treatment, Standard Oil Co. v. Tennessee, 217 U. S. 413; and a State may make different arrangements for trials under different cir