United States Supreme Court Cases & Opinions

U.S. Supreme Court

Thomas v. Iowa, 209 U.S. 258 (1908)

Thomas v. Iowa

No. 533

Argued February 26, 1908

Decided March 23, 1908

209 U.S. 258

Syllabus

In order to give this Court jurisdiction under § 709, Rev.Stat., to review the judgment of a state court, the federal question must be distinctly raised in the state court, and a mere claim, which amounts to no more than a vague and inferential suggestion that a right under the Constitution of the United States had been denied, is not sufficient -- and so held as to an exception taken as to certain parts of the charge to the jury because in effect they deprived the accused of his liberty without due process of law.

Page 209 U. S. 259

It is too late to raise the federal question for the first time in the petition for writ of error from this Court or in the assignment of errors here.

Writ of error to review 105 N.W. 1130 dismissed.

The facts are stated in the opinion.

Page 209 U. S. 261