Lott v. Pittman, 243 U.S. 588 (1917)

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Lott v. Pittman


No. 894


Submitted April 13, 1917
Decided April 30, 1917
243 U.S. 588

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF GEORGIA

Syllabus

A writ of error to review a sentence of murder was heard by the Supreme Court of Georgia in banc and, the six justices being evenly divided, the sentence was affirmed pursuant to Georgia Code of 1910, § 6116. Three of the justices participating did not hear the argument, and one of them, voting affirmance, was not then appointed, but after his appointment and before the affirmance, notice was given affording the convicted person opportunity for a reargument, of which he did not avail himself. Held that the affirmance was not in violation of due process of law. A right of appeal is not essential to due process under the Fourteenth Amendment, and where it is allowed, the state may prescribe the conditions and procedure.

The case is stated in the opinion.