United States v. DeWalt
128 U.S. 393 (1888)

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U.S. Supreme Court

United States v. DeWalt, 128 U.S. 393 (1888)

United States v. DeWalt

No. 81

Argued November 15, 1888

Decided November 19, 1888

128 U.S. 393




On the authority of Mackin v. United States,117 U. S. 348, it is again held that imprisonment in a state prison or penitentiary, with or without hard labor, is an infamous punishment.

This was an appeal from a judgment on an application for a writ of habeas corpus discharging the prisoner. The case is stated in the opinion of the Court.

MR. CHIEF JUSTICE FULLER delivered the opinion of the Court.

De Walt, the appellee, was tried and convicted, upon an information, of the crime of embezzlement and making false entries as the president of a national bank in violation of § 5209 of the Revised Statutes, and sentenced and committed to the penitentiary for ten years. This section prescribes the punishment of imprisonment for not less than five nor more than ten years, which imprisonment may be ordered to be executed in a state jail or penitentiary. Rev.Stat.

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