Thomas v. Iowa, 209 U.S. 258 (1908)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 209 U.S. 251, click here.

Thomas v. Iowa

No. 533

Argued February 26, 1908
Decided March 23, 1908
209 U.S. 258

ERROR TO THE SUPREME COURT

OF THE STATE OF IOWA

Syllabus

In order to give this Court jurisdiction under § 709, Rev.Stat., to review the judgment of a state court, the federal question must be distinctly raised in the state court, and a mere claim, which amounts to no more than a vague and inferential suggestion that a right under the Constitution of the United States had been denied, is not sufficient -- and so held as to an exception taken as to certain parts of the charge to the jury because in effect they deprived the accused of his liberty without due process of law.

It is too late to raise the federal question for the first time in the petition for writ of error from this Court or in the assignment of errors here.

Writ of error to review 105 N.W. 1130 dismissed.

The facts are stated in the opinion.