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GAINES V. WASHINGTON, 277 U. S. 81 (1928)

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U.S. Supreme Court

Gaines v. Washington, 277 U.S. 81 (1928)

Gaines v. Washington

No. 841

Submitted April 23, 1928

Decided May 14, 1928

277 U.S. 81

Syllabus

1. Writ of error does not lie to a judgment of a state court when the validity of a federal treaty or statute, or of a state statute on the ground of repugnancy to the federal Constitution, treaties or laws, was not drawn in question. Jud.Code, § 237(a). P. 277 U. S. 83.

2. The Sixth Amendment does not apply to a state criminal prosecution. P. 277 U. S. 85.

3. The question whether exclusion of the public from a murder trial is against due process of law is not presented by a record showing only an oral order or announcement of the trial judge that the public would be excluded beginning the next day, which was not carried out. P. 277 U. S. 86.

4. Criminal prosecutions in the state courts may be by information instead of indictment. Id.

5. Objection to an information for murder as violating due process because filed pending an investigation by the coroner and because the district attorney was in a "rage" are frivolous. P. 277 U. S. 87. chanroblesvirtualawlibrary

Page 277 U. S. 82

6. The contention that defendant was not present or that he could not hear the evidence at his trial for murder cannot be entertained on affidavits filed after the state supreme court had affirmed his conviction. P. 277 U. S. 87.

7. A record in a murder trial showing by daily entries all parties and counsel present is sufficient proof of attendance by the defendant. Id.

8. Where criminal cases are brought here from state courts on frivolous objections, mandate will be ordered issued forthwith on dismissal of writ of error, or denial of certiorari. Id.

Writ of Error to 144 Wash. 446, dismissed. Certiorari denied.

Error to a judgment of the Supreme Court of Washington sustaining a conviction for murder.





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