CROSS V. BURKE, 146 U. S. 82 (1892)

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U.S. Supreme Court

Cross v. Burke, 146 U.S. 82 (1892)

Cross v. Burke

No. 1105

Argued November 1, 1892

Decided November 14, 1892

146 U.S. 82


This Court has no jurisdiction over judgments of the Supreme Court of the District of Columbia on habeas corpus.

The statutes on this subject reviewed.

Page 146 U. S. 83

Wales v. Whitney, 114 U. S. 564, qualified and explained.

This Court does mot consider itself bound by expressions touching its jurisdiction found in an opinion in a case in which there was no contest on that point.

William D. Cross was found guilty for the second time upon an indictment for murder in the Supreme Court of the District of Columbia holding a criminal term, and sentenced to death, the time of his execution being fixed for January 22, 1892. He prosecuted an appeal to the court in general term, which, on January 12, 1892, finding no error in the record, affirmed the judgment rendered at the criminal term, and on January 21, 1892, a writ of error from this Court was allowed by the Chief Justice of the Supreme Court of the District, citation was signed and served, and the time for filing the record enlarged. On the same day, the execution of the sentence of death was postponed until the 10th of June, 1892, by order entered by the court in general term.

That writ of error was dismissed May 16, 1892, Cross v. United States, 145 U. S. 571. May 28, 1892, Cross filed his petition in the Supreme Court of the District of Columbia for a writ of habeas corpus, which petition was heard in the first instance by that court in general term. The application was denied June 4, 1892, and the petition dismissed, 20 Wash.Law Rep. 389. On June 8, 1892, the court in general term allowed an appeal to this Court.

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