Hallinger v. Davis
Citations
- 146 U.S. 314
- 13 S. Ct. 105
- 36 L. Ed. 986
- 1892 U.S. LEXIS 2199
Syllabus
<p>A state statute, conferring upon one charged with crime the right to waive a trial by jury and to elect to be tried by the court, and conferring power upon the court to try the accused in such case, is not in conflict with the Constitution of the United States.</p> <p>When a prisoner, charged with the crime of murder committed in a State, pleads guilty, the proper court of the State may, if its laws permit, proceed to inquire on evidence, without the intervention of a jury, in what degree of murder the accused is guilty, and may find him to be guilty of murder in the first degree, and may thereupon sentence him to death, without thereby viols .ting the provision in the fourteenth Amendment to the Constitution of ¿he United States that no State shall “ deprive any person of life, liberty or property without due process of law.”'</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that due process allows a capital defendant to waive the right to jury and proceed before a judge alone for determining the degree of guilt
- “The [trial] court refrained from at.once accepting [the defendant’s] plea of guilty, assigned him counsel, and twice adjourned, for a period of several days, in order that he might, be fully advised of the truth, force, and effect of his plea of guilty.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Shirks, Harlan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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