ROSS V. AGUIRRE, 191 U. S. 60 (1903)

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U.S. Supreme Court

Ross v. Aguirre, 191 U.S. 60 (1903)

Ross v. Aguirre

No. 19

Argued October 14, 1903

Decided November 2, 1903

191 U.S. 60


Under the decisions of the highest court of California, an act of legislature entitled "An Act to amend sections 204, 205, 206 and 208 of the Code of Civil Procedure" is not void as contrary to the provisions of the Constitution of the state providing that every act of the legislature shall embrace but one subject which shall be expressed in its title.

One convicted after indictment by a grand jury impaneled under the provisions of Code as so amended is not deprived of his liberty without due process of law in violation of the Fourteenth Amendment.

Appeal from an order denying a writ of habeas corpus. The respondent is the warden of the state prison of the State of California at San Quentin, and holds the petitioner in custody under a judgment of the Superior Court of San Luis Obispo County, State of California, in which court he had been indicted, tried, and found guilty of the crime of murder, and sentenced to be hanged.

The petition under review is the second presented to the circuit court. The first was denied on the ground "that application for relief on behalf of said Burt Ross should first be made to the courts of the state." Thereupon a petition was presented to the Supreme Court of the State of California, and denied. A writ of error to this Court was also denied. The ground of the petition is that the grand jury by which the indictment was found was not selected in accordance with law, and that therefore his conviction, sentence, and commitment do not constitute due process of law, and that he is deprived of his liberty in violation of the Fourteenth Amendment of the Constitution of the United States.

Page 191 U. S. 61

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