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Rakes v. United States, 212 U.S. 55 (1909)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Rakes v. United States, 212 U.S. 55 (1909)
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Rakes v. United States No. 257 Argued January 4, 1909 Decided January 18, 1909 212 U.S. 55
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF VIRGINIA
Syllabus
Jurisdiction of this Court to review judgments of conviction in criminal cases under clause 3 of § 5 of the Act of March 3, 1891, c. 517, 26 Stat. 827, as amended by the act of July 20, 1897, c. 68, 29 Stat. 492, depends on the sentence which can be imposed, and not on the crime charged in the indictment, and where the federal statute prescribes that the punishment shall be the same as that prescribed by the state law, and under the state law, the punishment is less than capital, a writ of error will not lie.
The suggestion in the brief of counsel of the unconstitutionality of the statute under which plaintiff in error was convicted does not raise an issue involving the construction or application of the Constitution giving this Court jurisdiction to review under § 5 of the Act of March 3, 1891, c. 517, 26 Stat. 827, when the contention presented has been heretofore adversely disposed of; nor does the assertion of errors of construction furnish a basis for jurisdiction under that statute.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Rakes v. United States, 212 U.S. 55 (1909) in 212 U.S. 55 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=4X4U7L76Z5ZDI5K.
MLA: U.S. Supreme Court. "Syllabus." Rakes v. United States, 212 U.S. 55 (1909), in 212 U.S. 55, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4X4U7L76Z5ZDI5K.
Harvard: U.S. Supreme Court, 'Syllabus' in Rakes v. United States, 212 U.S. 55 (1909). cited in 1909, 212 U.S. 55. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=4X4U7L76Z5ZDI5K.
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