Kane v. Durston, No. 1,185

CourtUnited States Supreme Court
Writing for the CourtHARLAN
Citation153 U.S. 684,38 L.Ed. 867,14 S.Ct. 913
Decision Date14 May 1894
Docket NumberNo. 1,185
PartiesMcKANE v. DURSTON, Agent and Warden of Sing Sing Prison, in State of New York

153 U.S. 684
14 S.Ct. 913
38 L.Ed. 867
McKANE

v.

DURSTON, Agent and Warden of Sing Sing Prison, in State of New York.

No. 1,185.
May 14, 1894.

Robert H. Griffin, for appellant.

Benj. F. Tracy and Edward M. Shepard, for appellee.

Page 685

Mr. Justice HARLAN delivered the opinion of the court.

Upon the trial in one of the courts of New York of an indictment charging John Y. McKane, the present appellant, with having willfully violated certain provisions of the law of that state relating to elections and to the registration of voters, the accused was found guilty, and was adjudged, February 19, 1894, to be imprisoned in the state prison at Sing Sing at hard labor for the term of six years. It was further ordered by the court that the convict be forthwith conveyed to that prison in execution of the sentence. That order was complied with, and he was delivered by the sheriff to the agent and warden of the prison, to be therin confined in conformity with the sentence against him.

From the judgment ordering his imprisonment only upon conditions similar to those prescribed allowed an appeal to the general term of the supreme court of New York.

On the 15th day of March, 1894, his counsel presented to the circuit court of the United States for the southern district of New York an application for a writ of habeas corpus, directed to the agent and warden of Sing Sing prison, and requiring him to produce the body of the petitioner before the court, and there abide such order as may be made in the premises. The petitioner represented that he was deprived of his liberty in violation of the constitution of the United States.

Under the statutes of the United States an appeal may be taken to this court from the final decision upon habeas corpus of the circuit court of the United States in the case of any person alleged to be restrained of his liberty in violation of the constitution or any law or treaty of the United States. In re Jugiro, 140 U. S. 291, 294, 295, 11 Sup. Ct. 770; Rev. St. §§ 751-753, 761-765; Act March 3, 1885, c. 353 (23 Stat. 437). Section 766 provides: 'Pending the proceedings or appeal in the cases mentioned in the three preceding sections, and until final judgment therein, and after final judgment of discharge, any proceeding against the person so imprisoned or confined, or restrained of his liberty,

Page 686

in any state court, or by or under the authority of any state, for any matter so heard and determined, or in process of being heard and determined, under such writ of habeas corpus, shall be deemed null and void.'

The object of this statute, as was said in Re Jugiro, above cited, was, in cases where the applicant for the writ was held in custody under the authority of a state court, or by the authority of a state, to stay the hands of such court or state while the question whether his detention was in violation of the constitution, laws, or treaties of the United States was being examined by the courts of the Union having jurisdiction in the premises.

When McKane applied for the writ of habeas corpus he was an inmate of Sing Sing prison, pursuant to the judgment of the court in which he was indicted and found guilty. His appeal to the general term of the supreme court, so far as the statutes of New York...

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510 practice notes
  • Javits v. Stevens, No. 73 Civ. 5339-LFM.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 24, 1974
    ...56, 77, 92 S.Ct. 862, 31 L.Ed.2d 36 (1972); Griffin v. Illinois, 351 U.S. 12, 18, 76 S.Ct. 585, 100 L.Ed. 891 (1956); McKane v. Durston, 153 U.S. 684, 687-688, 14 S.Ct. 913, 38 L.Ed. 867 30 Lindsey v. Normet, supra, 405 U.S. at 77, 92 S.Ct. 862; Griffin v. Illinois, supra, 351 U.S. at 18, 7......
  • Hatch v. State of Okl., No. 94-6052
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • June 14, 1995
    ...S.Ct. 2034, 2038, 52 L.Ed.2d 651 (1977) ("[I]t is well settled that there is no constitutional right to an appeal."); McKane v. Durston, 153 U.S. 684, 687, 14 S.Ct. 913, 915, 38 L.Ed. 867 (1894) ("A review by an appellate court of the final judgment in a criminal case, however grave the off......
  • Lewis v. Casey, No. 94–1511.
    • United States
    • United States Supreme Court
    • June 24, 1996
    ...courts or a right to appellate review at all. " Griffin, supra, at 18, 76 S.Ct., at 590 (emphasis added) (citing McKane v. Durston, 153 U.S. 684, 687–688, 14 S.Ct. 913, 914–915, 38 L.Ed. 867 (1894) ). Indeed, the Court in Griffin was unanimous on this point. See 351 U.S., at 21, 76 S.Ct., a......
  • Jones v. Governor of Fla., No. 20-12003
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • September 11, 2020
    ...the right to an appeal in a criminal case is not constitutionally guaranteed. See id. at 18, 76 S.Ct. 585 (citing McKane v. Durston , 153 U.S. 684, 687–88, 14 S.Ct. 913, 38 L.Ed. 867 (1894) ). In Bearden , 461 U.S. at 661–62, 103 S.Ct. 2064, the Supreme Court held that the Fourteenth Amendm......
  • Request a trial to view additional results
510 cases
  • Javits v. Stevens, No. 73 Civ. 5339-LFM.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 24, 1974
    ...56, 77, 92 S.Ct. 862, 31 L.Ed.2d 36 (1972); Griffin v. Illinois, 351 U.S. 12, 18, 76 S.Ct. 585, 100 L.Ed. 891 (1956); McKane v. Durston, 153 U.S. 684, 687-688, 14 S.Ct. 913, 38 L.Ed. 867 30 Lindsey v. Normet, supra, 405 U.S. at 77, 92 S.Ct. 862; Griffin v. Illinois, supra, 351 U.S. at 18, 7......
  • Hatch v. State of Okl., No. 94-6052
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • June 14, 1995
    ...S.Ct. 2034, 2038, 52 L.Ed.2d 651 (1977) ("[I]t is well settled that there is no constitutional right to an appeal."); McKane v. Durston, 153 U.S. 684, 687, 14 S.Ct. 913, 915, 38 L.Ed. 867 (1894) ("A review by an appellate court of the final judgment in a criminal case, however grave the off......
  • Lewis v. Casey, No. 94–1511.
    • United States
    • United States Supreme Court
    • June 24, 1996
    ...courts or a right to appellate review at all. " Griffin, supra, at 18, 76 S.Ct., at 590 (emphasis added) (citing McKane v. Durston, 153 U.S. 684, 687–688, 14 S.Ct. 913, 914–915, 38 L.Ed. 867 (1894) ). Indeed, the Court in Griffin was unanimous on this point. See 351 U.S., at 21, 76 S.Ct., a......
  • Jones v. Governor of Fla., No. 20-12003
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • September 11, 2020
    ...the right to an appeal in a criminal case is not constitutionally guaranteed. See id. at 18, 76 S.Ct. 585 (citing McKane v. Durston , 153 U.S. 684, 687–88, 14 S.Ct. 913, 38 L.Ed. 867 (1894) ). In Bearden , 461 U.S. at 661–62, 103 S.Ct. 2064, the Supreme Court held that the Fourteenth Amendm......
  • Request a trial to view additional results

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