IN RE ECKART, 166 U. S. 481 (1897)

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U.S. Supreme Court

In re Eckart, 166 U.S. 481 (1897)

In re Eckart

No. 14. Original

Submitted March 22, 1897

Decided April 19, 1897

166 U.S. 481


When a state court has jurisdiction of an indictment for murder, and the laws of the state divide that offense into three degrees and make it the province of the jury to determine under which degree the case falls, the conviction of the accused of murder in the first degree and sentence accordingly, without a finding as to which degree he was guilty of, though erroneous, is not a jurisdictional defect, remediable by writ of habeas corpus.

The case is stated in the opinion.

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