New York Court of Appeals, 1933

Matter of Hawthorne

Matter of Hawthorne
New York Court of Appeals · Decided March 7, 1933
185 N.E. 763; 261 N.Y. 618; 1933 N.Y. LEXIS 1420 (North Eastern Reporter)

Matter of Hawthorne

Opinion of the Court

Motion to amend remittitur granted.

Return of remittitur requested and when returned it will be amended so as to provide that upon the appeal herein the appellant argued and asserted that the final order of the Appellate Division of the Supreme Court for the Second Judicial Department was invalid and unconstitutional, by reason of the provisions of Amendment V and section 1, Amendment XIV of the Amendments to the United States Constitution, which provide that no State shall deprive any person of fife, liberty or property, without due process of law, and, also, by reason of the provisions of said Amendment V of the Amendments to the United States Constitution, which provides, β€œNor shall any person be subject, for the same offense, to be twice put in jeopardy of life or limb.” (See 261 N. Y. 520, 554.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.