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Maxwell v. Dow, 176 U.S. 581 (1900)
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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.
Maxwell v. Dow, 176 U.S. 581 (1900)
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Maxwell v. Dow Argued December 4, 1899 Decided February 26, 1900 176 U.S. 581
ERROR TO THE SUPREME COURT OF THE STATE OF UTAH
Syllabus
The decision In Hurtado v. California, 110 U.S. 516, that the words "due process of law " in the Fourteenth Amendment to the Constitution of the United States do not necessarily require an indictment by a grand jury in a prosecution by a State for murder, has been often affirmed, and is now reaffirmed and applied to this case.
The privileges and immunities of citizens of the United States do not necessarily include all the rights protected by the first eight amendments to the Federal Constitution against the powers of the Federal Government.
The trial of a person accused as a criminal by a jury of only eight persons instead of twelve, and his subsequent imprisonment after conviction, do not abridge his privileges and immunities under the Constitution as a citizen of the United States and do not deprive him of his liberty without due process of law.
Whether a trial in criminal cases not capital shall be by a jury composed of eight instead of twelve jurors, and whether, in case of an infamous crime, a person shall be only liable to be tried after presentment or indictment by a grand jury are proper to be determined by the citizens of each State for themselves, and do not come within the Fourteenth Amendment to the Constitution so long as all persons within the jurisdiction of the State are made liable to be proceeded against by the same kind of procedure, and to have the same kind of trial, and the equal protection of the law is secured to them.
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Chicago: U.S. Supreme Court, "Syllabus," Maxwell v. Dow, 176 U.S. 581 (1900) in 176 U.S. 581 176 U.S. 582. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=N2BHC72PH49SYSJ.
MLA: U.S. Supreme Court. "Syllabus." Maxwell v. Dow, 176 U.S. 581 (1900), in 176 U.S. 581, page 176 U.S. 582. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=N2BHC72PH49SYSJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Maxwell v. Dow, 176 U.S. 581 (1900). cited in 1900, 176 U.S. 581, pp.176 U.S. 582. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=N2BHC72PH49SYSJ.
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