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Leeper v. Texas

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eBook details

  • Title: Leeper v. Texas
  • Author : Supreme Court of the United States
  • Release Date : January 30, 1891
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court. It must be regarded as settled that a petition for a writ of error forms no part of the record upon which action here is taken; Manning v. French, 133 U.S. 186; Clark v. Pennsylvania, 128 U.S. 395; Warfield v. Chaffe, 91 U.S. 690; Butler v. Gage, 138 U.S. 52: That to give this court jurisdiction to review the judgment of a state court under section 709 of the Revised Statutes, because of the denial by the state court of any right, title, privilege or immunity claimed under the Constitution, or any treaty or statute of the United States, it must appear on the record that such title, right, privilege or immunity was specially set up or claimed at the proper time and in the proper way; Spies v. Illinois, 123 U.S. 131, 181; Baldwin v. Kansas, 129 U.S. 52; Chappell v. Bradshaw, 128 U.S. 132: That whether statutes of a legislature of a State have been duly enacted in accordance with the requirements of the constitution of such State, is not a federal question, and the decision of state courts as to what are the laws of the State is binding upon the courts of the United States; South Ottawa v. Perkins, 94 U.S. 260, 268; Post v. Supervisors, 105 U.S. 667; Norton v. Shelby County, 118 U.S. 425, 440; Railroad Co. v. Georgia, 98 U.S. 359, 366; Baldwin v. Kansas, 129 U.S. 52, 57: That by the Fourteenth Amendment the powers of States in dealing with crime within their borders are not limited, except that no State can deprive particular persons, or classes of persons, of equal and impartial justice under the law; that law in its regular course of administration through courts of justice is due process, and when secured by the law of the State the constitutional requirement is satisfied; and that due process is so secured by laws operating on all alike, and not subjecting the individual to the arbitrary exercise of the powers of government unrestrained by the established principles of private right and distributive justice. Hurtado v. California, 110 U.S. 516, 535, and cases cited.


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