United States Supreme Court Cases & Opinions

U.S. Supreme Court

McNulty v. California, 149 U.S. 645 (1893)

McNulty v. California

No. 1253

Submitted May 1, 1893

Decided May 15, 1893

149 U.S. 645

Syllabus

The decision of the Supreme Court of California that McNulty should he punished under the law as it existed at the time of his conviction involved no federal question.

It was settled in Hurtado v. California, 110 U. S. 516, that the words "due process of law" in the Fourteenth Amendment do not necessarily require an indictment by a grand jury in a prosecution by a state for murder whose Constitution authorizes such prosecution by information.

When the record in a case brought by writ of error from a state court fails to show that a right, privilege or immunity claimed under the Constitution or a treaty or statute of the United States was set up or claimed, and was denied in the state court, this Court is without jurisdiction to review the judgment of the state court in that respect.

This was a motion to dismiss. The case is stated in the opinion.