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Weems Vs. United States

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  • US Supreme Court
  • Jan 01, 1910

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80 entries 3 linked 77 unlinked
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  1. Calder Vs. Bull US Supreme Court · Jan 01, 1798
  2. United States Vs. Pridgeon US Supreme Court · Apr 18, 1894
  3. Wilkerson Vs. Utah US Supreme Court · Jan 01, 1878
  4. Weems v. United
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  5. States - 217 U.S. 349 (1910) U.S. Supreme Court Weems v. United
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  6. States, 217 U.S. 349 (1910) Weems v. United
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  7. Islands and his offense as falsifying a public and official document in this case held sufficient. Carrington v. United
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  8. it is said, as the point involved in Carrington v. United
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  9. Carrington v. United
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  10. It is objected on the other side that Paraiso v. United
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  11. at any time, no matter what may have been done at some other time. It is true we declined to exercise it in Paraiso v. United
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  12. States, but we exercised it in Wiborg v. United
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  13. Clyatt v. United
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  14. States, 197 U. S. 207 , 197 U. S. 221 , and Crawford v. United
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  15. States, 212 U. S. 183 . It may be said, however, that Paraiso v. United
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  16. was taken from the Constitution of the United States, and must have the same meaning. This was decided in Kepner v. United
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  17. States, 195 U. S. 100 , and Serra v. Mortiga
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  18. U. S. 477 . In Kepner v. United
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  19. It has been said that, ordinarily, the terms imply something inhuman and barbarous -- torture and the like. McDonald v. Commonwealth
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  20. majority. No case has occurred in this court which has called for an exhaustive definition. In Pervear v. Massachusetts
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  21. illegal sale and illegal keeping of intoxicating liquors. A decision from which no one will dissent. In Wilkerson v. Utah
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  22. was found as a fact by the state court that death by electricity was more humane than death by hanging. In O'Neil v. Vermont
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  23. the Constitution have developed against narrow and restrictive construction. There is an example of this in Cummings v. Missouri
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  24. application than what a minority of this court Page 217 U. S. 374 thought had been given in Calder v. Bull
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  25. The judgment which established it was pronounced by Chief Justice Marshall ( Gibbons v. Ogden
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  26. In the cases in the state courts, different views of the provision are taken. In State v. Driver
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  27. Other cases have given a narrower construction, feeling constrained thereto by the incidences of history. In Hobbs v. State
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  28. cases vary in merit and in their justification of serious consideration. We have seen what the contention was in Hobbs v. State
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  29. supra. In others, however, there was more inducement to an historical inquiry. In Commonwealth v. Wyatt
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  30. been pronounced Page 217 U. S. 378 to be within the prohibitory clause. Whipping was also sustained in Foote v. State
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  31. Md. 264, as a punishment for wife beating. And, it may be, in Aldridge v. Commonwealth
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  32. Mackin v. United
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  33. States, 117 U. S. 348 , 117 U. S. 350 . In Hobbs v. State
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  34. express anything that contravenes those propositions. Our meaning may be illustrated. For instance, in Territory v. Ketchum
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  35. punishment, and that the latter may be declared illegal, leaving the former to have application. United States v. Pridgeon
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  36. was expressed in In Re Mills, 135 U. S. 263 , 135 U. S. 266 . It was recognized in United States v. Pridgeon
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  37. the Eighth Amendment did not govern the states, by virtue of the adoption of the 14th Amendment. However, in Wilkerson v. Utah
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  38. yet in Kelly v. State
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  39. of the past are not resorted to. Let me briefly refer to some of the cases. Page 217 U. S. 403 In Aldridge v. Commonwealth
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  40. And, four years later, in 1828, applying the same doctrine in Commonwealth v. Wyatt
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  41. identical in terms with the Eighth Amendment, and the scope of the guaranty arose for decision in 1872 in Whitten v. State
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  42. In State v. White
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  43. In State v. Hogan
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  44. Cornelison v. Commonwealth
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  45. constitutional guaranty against cruel and unusual punishment was considered and disposed of by the court in State v. Borgstrom
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  46. In Territory v. Ketchum
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  47. the court now Page 217 U. S. 408 holds, I am, of course, not unmindful that a North Carolina case ( State v. Driver
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  48. N. C. 423) is cited by the court as authority, and that a Louisiana case ( State ex rel. Garvey et. al. v. Whitaker
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  49. their origin and their significance at the time of their adoption in the instrument may not be denied -- Boyd v. United
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  50. Kepner v. United
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