Folsom v. United States
Citation | 16 S.Ct. 222,40 L.Ed. 363,160 U.S. 121 |
Decision Date | 02 December 1895 |
Docket Number | No. 550,550 |
Parties | FOLSOM v. UNITED STATES |
Court | United States Supreme Court |
This was a certificate from the United States circuit court of appeals for the Eighth circuit, which, omitting the formal parts, reads as follows:
'And the said United States circuit court of appeals further certifies that, to the end that it may properly decide this and other questions arising in this case which are duly presented by exceptions and assignments of error properly taken and filed, the said court desires the instruction of the supreme court of the United States upon the following question:
'Has the United States circuit court of appeals for the Eighth judicial circuit any jurisdiction to hear and determine the issue presented by said writ of error, and to review the judgment and proceedings of the supreme court of the territory of New Mexico?'
Charles A. Willard, for plaintiff in error.
Sol. Gen. Conrad, for the United States.
Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.
The offense denounced by section 5209 of the Revised Statutes is punishable by imprisonment not less than 5 nor more than 10 years, and is therefore an infamous crime. In re Claasen, 140 U. S. 200, 11 Sup. Ct. 735, and cases cited.
The question, then, is whether the circuit court of appeals for the Eighth circuit has jurisdiction of a writ of error to review the judgment and proceedings of the supreme court of the territory of New Mexico in the instance of a conviction of an infamous crime.
By section 5 of the judiciary act of March 3, 1891 (26 Stat. 827, c. 517), it was provided that appeals or writs of error might be taken from the district courts or from the circuit courts direct to the supreme court in six classes of cases, one of which classes was 'cases of conviction of a capital or otherwise infamous crime'; and by section 6, that the circuit courts of appeals should exercise appellate jurisdiction to review, by appeal or writ of error, final judgments of the district courts and the circuit courts
In harmony with previous legislation (25 Stat. 784, c. 333; 26 Stat. 99, c. 182 § 42), section 13 of the act of March 3, 1891 (26 Stat. 829, c. 517), provides: 'Appeals and writs of error may be taken and...
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Mulloney v. United States
...Walt, 128 U. S. 393, 9 S. Ct. 111, 32 L. Ed. 485; In re Claasen, 140 U. S. 200, 11 S. Ct. 735, 35 L. Ed. 409; Folsom v. United States, 160 U. S. 121, 16 S. Ct. 222, 40 L. Ed. 363; Sheridan v. United States (C. C. A.) 236 F. 305, 309, 310, certiorari denied, 243 U. S. 638, 37 S. Ct. 402, 61 ......
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