Lott v. Pittman,
243 U.S. 588 (1917)

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U.S. Supreme Court

Lott v. Pittman, 243 U.S. 588 (1917)

Lott v. Pittman

No. 894

Submitted April 13, 1917

Decided April 30, 1917

243 U.S. 588


A writ of error to review a sentence of murder was heard by the Supreme Court of Georgia in banc and, the six justices being evenly divided, the sentence was affirmed pursuant to Georgia Code of 1910, § 6116. Three of the justices participating did not hear the argument, and one of them, voting affirmance, was not then appointed, but after his appointment and before the affirmance, notice

Page 243 U. S. 589

was given affording the convicted person opportunity for a reargument, of which he did not avail himself. Held that the affirmance was not in violation of due process of law. A right of appeal is not essential to due process under the Fourteenth Amendment, and where it is allowed, the state may prescribe the conditions and procedure.

The case is stated in the opinion.

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