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IN RE DUNCAN, 139 U. S. 449 (1891)

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U.S. Supreme Court

In re Duncan, 139 U.S. 449 (1891)

In re Duncan

No. 1174

Argued December 17, 1890

Decided March 30, 1891

139 U.S. 449

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF TEXAS

Syllabus

When the trial court of a state has jurisdiction and power, under state laws, to determine the law applicable to the case of an indictment and trial for murder, and the prisoner, when convicted, has an appeal to an appellate court of the state, of which he avails himself, the circuit court of the United States for the district, if applied to for a writ of habeas corpus, pending the appeal, upon the ground that the proceedings are in violation of provisions of the Constitution of the United States, may properly decline to interfere.

A statute duly certified is presumed to have been duly passed until the contrary appears.


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