| Law reports, digests, etc - 1901 - 1148 pages
...And we think this equally true of the eighth amendment, in Its application to congress. • • « Punishments are cruel when they Involve torture or...something more than the mere extinguishment of life." It is true that. In both of the cases quoted from, the supreme court had before them for consideration... | |
| William Weeks Morrill - Electric utilities - 1895 - 932 pages
...others in the same line of unnecessary cruelty, are forbidden by that amendment to the Constitution." Punishments are cruel when they involve torture or...something more than the mere extinguishment of life. The courts of New York held that the mode adopted in this instance might be said to be unusual because... | |
| Law reports, digests, etc - 1902 - 1054 pages
...application to Congress. . . . Punishments зге cruel when they involve torture or a lingering death, hut the punishment of death is not cruel, within the meaning...something more than the mere extinguishment of life." It is true that, in both of the cases quoted from, the Supreme Court had before them for consideration,... | |
| Chrisenberry Lee Bates - Circuit courts - 1908 - 644 pages
...US Stat. at L. chap. IX, sec. ™ Ex parte Kemmler, 136 US the greatest atrocities and cruelties.24 Punishments are cruel when they involve torture or...cruel, within the meaning of that word as used in the constitution.28 § 147. Same — Same — Cumulative penalties imposed on habitual criminals. — A... | |
| Law reports, digests, etc - 1908 - 1186 pages
...Corpus, 57, 58. Editorial note. [Cruel and unusual punishment. 35 LRA 561.] What constitutes. 188. Punishments are cruel when they involve torture or a lingering death; but the punishment of ihath is not cruel, within the meaning of that word as used in the h'cderal Constitution. Re Kemmler,... | |
| Albert H. Putney - Law - 1908 - 392 pages
...cruel or unusual punishment;108 nor is the increase of punishment because of a prior conviction.109 Punishments are cruel when they involve torture or a lingering death, but punishment of death is not cruel.110 The provision against excessive fines finds its forerunner in... | |
| David Kemper Watson - Constitutional history - 1910 - 1140 pages
...the meaning of the Constitution. — In In re Kemmler, supra, Fuller, Chief Justice, said (p. 447) : "The punishment of death is not cruel within the meaning...something more than the mere extinguishment of life. Punishments are cruel when they involve torture or a lingering death." In Pervear v. The Commonwealth,28... | |
| George A. Malcolm - Law - 1916 - 824 pages
...sec. 3405" — and from in Re Kemmler (1880) 136 US 436, 34 L. Ed. 519, where this comment was made: "Punishments are cruel when they involve torture or...It implies there something inhuman and barbarous, and something more than the mere extinguishment of life." The Justice then contends for a liberal construction... | |
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