US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

BUSH V. KENTUCKY, 107 U. S. 110 (1883)

Subscribe to Cases that cite 107 U. S. 110 RSS feed for this section

U.S. Supreme Court

Bush v. Kentucky, 107 U.S. 110 (1883)

Bush v. Kentucky

Decided January 29, 1883

107 U.S. 110


1. Where the circuit court quashes an indictment found against the prisoner in a state court, wherefrom the cause was on his petition removed, it has no jurisdiction to proceed against him for the crime against the state wherewith he was charged.

2. Where the highest court of the state had declared to be unconstitutional her statute whereby, because of their race and color, citizens of African descent were excluded from grand and petit juries, and it had further decided that the officer summoning or selecting jurors must disregard race or color, a person of that descent against whom a criminal prosecution was subsequently instituted in the state court has no just ground for declaring in advance of a trial that he was denied, or that in the state tribunals he cannot enforce, the equal civil rights secured to him as a citizen by the Constitution or the statutes of the United States. The case was not, therefore, removable to the circuit court, nor should the panel of petit jurors be set aside simply on the ground that it consisted wholly of white persons.

3. Where, pursuant to such a statute and before its unconstitutionality was so declared, the grand jurors were selected who found the indictment against the prisoner, a person of that descent, the court of original jurisdiction should, on his motion, set aside the indictment.

The case is stated in the opinion of the Court.

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™