United States Supreme Court Cases & Opinions

U.S. Supreme Court

In re Claasen, 140 U.S. 200 (1891)

In re Claasen

No. 16, Original

Argued April 30, 1891

Decided May 11, 1891

140 U.S. 200

ORIGINAL

Syllabus

Under § 5 of the act of March 3, 1891, entitled "An act to establish circuit courts of appeals, and to define and regulate in certain cases the jurisdiction of the courts of the United States and for other purposes," a writ of error may, even before July 1, 1891, issue from this Court to a circuit court, in the case of a conviction of a crime under § 5209 of the Revised Statutes, where the conviction occurred May 28, 1890, but a sentence of imprisonment in a penitentiary was imposed March 18, 1891.

A crime is "infamous" under that act where it is punishable by imprisonment in a state prison or penitentiary, whether the accused is or is not sentenced or put to hard labor.

Such writ of error is a matter of right, and, under § 999 of the Revised Statutes, the citation may be signed by a Justice of this Court, as an authority for the issuing of the writ Under § 1004.