Kelley v. Oregon, 273 U.S. 589 (1927)

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Kelley v. Oregon

No. 827

Argued March 9, 1927
Decided April 11, 1927
273 U.S. 589

ERROR TO THE SUPREME COURT

OF THE STATE OF OREGON

Syllabus

1. Contention that a defendant, tried for murder, was deprived of rights under the federal Constitution (due process of law) by a charge of the state court concerning self-defense and by being kept in custody in and out of the court room during the trial are frivolous. P. 590.

2. The proposition that, under the Fourteenth Amendment, one who has committed a murder while serving a term of imprisonment in a state penitentiary has a vested right to serve out his term before he can be executed for the murder is likewise frivolous. P. 591.

Writ of error to 118 Ore. 397 dismissed.

Error to a judgment of the Supreme Court of Oregon sustaining a death sentence for murder. In one aspect of the case, the writ of error is treated as an application for certiorari, which is denied.