BOHANAN
v.
NEBRASKA
BOHANAN
NEBRASKA
118 U.S. 231
Supreme Court of the United States (1886)
Positive Treatment
Also reported at: 30 L. Ed. 71 · 6 S. Ct. 1049 · 1886 U.S. LEXIS 1925 · SCDB 1885-236
Cited by 7 cases
Opinion of the Court
He. Chief Justice Waite delivered the opinion of the court.
This motion is denied. Bohanan set up specially an immunity from a second trial for .the same offence, by reason of Article Y. of the amendments of the Constitution of the United States. This was denied him by the judgment of the Supreme Court of the State, and we have jurisdiction to review that decision. Upon a motion to dismiss we cannot consider the merits of the question on which our jurisdiction depends, and no motion has been made to affirm.
Motion denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Spies v. Illinois, 123 U.S. 131 (U.S. 1887)
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Keerl v. State of Mont., 213 U.S. 135 (U.S. 1909)…him of his liberty without due process of law, contrary to the Fourteenth Amendment to the Constitution of the United States, our jurisdiction of the writ of error cannot be questioned. Beer Co. v. Massachusetts, 97 U. S. 25-30; Bohanan v. Nebraska, 118 U. S. 231; Boyd v. Thayer, 143 U. S. 135-161. On the merits, there is little room for controversy. In United States v. Perez, 9 Wheat. 579, 580, this court passed upon the question arising under the Fifth Amendment, whose language is in this respect more spe…
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United States v. Liddy, 510 F.2d 669 (D.C. Cir. 1974)…the appeal.” Majority opinion at 677. Confronted with that situation, the Supreme Court has dismissed [*689] the appeal. Molinaro v. New Jersey, 396 U.S. 365, 366, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970); Bohanan v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 30 L.Ed. 71 (1887); Smith v. United States, 94 U.S. 97, 24 L.Ed. 32 (1876). These decisions indicate that, contrary to the majority’s position, “changes in the continuity of a sentence” do in fact “impinge upon the appellate function.” But the relevancy of th…
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