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

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
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 : www.chanroblesbar.com 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 www.chanrobles.com


UNITED STATES V. DEWALT, 128 U. S. 393 (1888)

Subscribe to Cases that cite 128 U. S. 393 RSS feed for this section

U.S. Supreme Court

United States v. DeWalt, 128 U.S. 393 (1888)

United States v. DeWalt

No. 81

Argued November 15, 1888

Decided November 19, 1888

128 U.S. 393

APPEAL FROM THE FIRST JUDICIAL DISTRICT

COURT OF THE TERRITORY OF WYOMING

Syllabus

On the authority of Mackin v. United States, 117 U. S. 348, it is again held that imprisonment in a state prison or penitentiary, with or without hard labor, is an infamous punishment.

This was an appeal from a judgment on an application for a writ of habeas corpus discharging the prisoner. The case is stated in the opinion of the Court.

MR. CHIEF JUSTICE FULLER delivered the opinion of the Court.

De Walt, the appellee, was tried and convicted, upon an information, of the crime of embezzlement and making false entries as the president of a national bank in violation of § 5209 of the Revised Statutes, and sentenced and committed to the penitentiary for ten years. This section prescribes the punishment of imprisonment for not less than five nor more than ten years, which imprisonment may be ordered to be executed in a state jail or penitentiary. Rev.Stat. § 5541. Appellee was subsequently discharged on habeas corpus upon the ground that the crime in question was an infamous crime for which he could not, under the Constitution, be held to answer on information, but only on presentment or indictment by a grand jury. From the order discharging him, this appeal is prosecuted, and it is contended that a crime is not infamous which is not subject to the penalty of hard labor as part of the punishment of imprisonment.

This, however, was otherwise ruled in Mackin v. United States, 117 U. S. 348, where this Court held, speaking chanroblesvirtualawlibrary

Page 128 U. S. 394

through MR. JUSTICE GRAY, "that at the present day, imprisonment in a state prison or penitentiary, with or without hard labor, is an infamous punishment."

That case is decisive of this, and the order appealed from must be

Affirmed.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED