IN RE ROBERTSON, PETITIONER
Mr. Chief Justice Fuller,
after stating the case, delivered • the opinion of the court.
Applications to this court for a writ of error to a state court are not entertained unless at the request of one of the members of the court concurred in by his associates. In this case there seems to' have been some misunderstanding on the part of counsel as to the practice, in view of Avhich, and considering that this is a capital case and thát the day appointed for the execution of the sentence is very near, we have examined the application, and are of opinion that the question of the sufficiency of the indictment is not a Federal question, and that no Federal question appears upon the record to have been presented to the Supreme Court of Appeals of Virginia, and therefore, upon the authority of Leeper v. Texas. 139 U. S. 462, and Duncan v. Missouri, 152 U. S. 377,
The writ of error is not allowed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. Doyle E. Carlton, 106 Fla. 648 (Fla. 1932)…as broken when the defendant, Prescott, failed to pay over the money received by him, when required to do so, and that the obligation to keep safely the public money was absolute, without any condition, express or implied. See also, Smythe vs. W. S. 156 U. S. 183, 47 L. Ed. 425; Mecklinberg Co. vs. Beales, 111 Va. 691, 6986, 1032; Tillinghast vs. Merrill, 151 N. Y. 135, 34 L. R. A. 678, 56 A. S. R. 612, 45 N. E. 375; Bosbyshell vs. U. S., 73 Fed. 616, 77 Fed. 944; Town of Cameron vs. Hicks, 65 W. Va. 484, 17…
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Ex parte Ceja (D. Nev. 1931)…of this state having affirmed the judgment and held the procedure to have been in accordance with the law of the state, such determination is conclusive upon this court. Leeper v. Texas, 139 U. S. 462, 11 S. Ct. 577, 35 L. Ed. 225; In re Robertson, 156 U. S. 183, 15 S. Ct. 324, 39 L. Ed. 389. The petition for the writ is denied. Application for certificate of probable causo for appeal to the Circuit Court of Appeals for the Ninth Circuit (28 USCA § 466) denied.…1 / 2
Authorities Cited
- Duncan v. Missouri, 152 U.S. 377 (U.S. 1894)
- Leeper v. Texas, 139 U.S. 462 (U.S. 1891)