Mallett v. North Carolina

Citations

• 181 U.S. 589
• 21 S. Ct. 730
• 45 L. Ed. 1015
• 1901 U.S. LEXIS 1394

Syllabus

<p>Questions arising under the Constitutipn and'laws of the United States were presented at the trial of this case in the Supreme Court of the State, . and were decided against the party invoking their protection. Had that Court declined to pass on the Federal questions, and dismissed the petition without considering them, this Court would not undertake to revise their action.</p> <p>The legislation of North Carolina in question in this case, did not make that a criminal act which was innocent when done; did not aggravate an offence or change the punishment and make it greater than it was when it was committed; did not alter the rules of evidence and require less or different evidence than the law required at the time of the commission of the offence; and did not deprive the accused of any substantial right or immunity possessed by them at the time of the commission of the offence charged; and the law granting to the State the right of appeal from the Superior Court to the Supreme Court of the State was not an ex post facto law.</p> <p>The contention that the plaintiffs in error were denied the equal protection of the laws because the State was allowed an appeal from the Superior Court of the Eastern, and not from the Western District of the State, is not well founded.</p> <p>It appears by the statement of the plaintiffs in error in their petition for a reargument, that no Federal question was raised or considered in the ci'iminal court or in the Superior Court in respect to the admission of the evidence-; and therefore there was no basis on which to claim error in this respect in those courts; nor did the Supreme Court in passing on the contention, deal .with it as a Federal question, but as a mere question arising under the criminal law of the State; and hence there is nothing in its action for this court to review.</p>