On the authority of Mackin v. United States,
117 U. S. 348
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. � 5541. Appellee was subsequently
discharged on habeas corpus upon the ground that the crime in
question was an infamous crime for which he could not, under the
Constitution, be held to answer on information, but only on
presentment or indictment by a grand jury. From the order
discharging him, this appeal is prosecuted, and it is contended
that a crime is not infamous which is not subject to the penalty of
hard labor as part of the punishment of imprisonment.
This, however, was otherwise ruled in Mackin v. United
States, 117 U. S. 348
where this Court held, speaking
Page 128 U. S. 394
through MR. JUSTICE GRAY, "that at the present day, imprisonment
in a state prison or penitentiary, with or without hard labor, is
an infamous punishment."
That case is decisive of this, and the order appealed from must