Rakes v. United States,
212 U.S. 55 (1909)

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U.S. Supreme Court

Rakes v. United States, 212 U.S. 55 (1909)

Rakes v. United States

No. 257

Argued January 4, 1909

Decided January 18, 1909

212 U.S. 55


Jurisdiction of this Court to review judgments of conviction in criminal cases under clause 3 of § 5 of the Act of March 3, 1891, c. 517, 26 Stat. 827, as amended by the act of July 20, 1897, c. 68, 29 Stat. 492, depends on the sentence which can be imposed, and not on the crime charged in the indictment, and where the federal statute prescribes that the punishment shall be the same as that prescribed by the state law, and under the state law, the punishment is less than capital, a writ of error will not lie.

The suggestion in the brief of counsel of the unconstitutionality of the statute under which plaintiff in error was convicted does not raise an issue involving the construction or application of the Constitution giving this Court jurisdiction to review under § 5 of the Act of March 3, 1891, c. 517, 26 Stat. 827, when the contention presented has been heretofore adversely disposed of; nor does the assertion of errors of construction furnish a basis for jurisdiction under that statute.

The facts are stated in the opinion.

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