In re Kemmler

[Statement of Case from pages 437-438 intentionally omitted]

Roger Sherman, for petitioner.

''Chas. F. Tabor'', Atty. Gen., for respondent.

FULLER, C. J.

This is an application for a writ of error to bring up for review a judgment of the supreme court of the state of New York, affirming an order of the county judge of Cayuga county, remanding the relator to the custody of the warden of the state-prison at Auburn, upon a hearing upon habeas corpus. The judgment of the supreme court was entered upon a judgment of the court of appeals of the state of New York, affirming a reprevious order of the supreme court. The application was originally presented to Mr. Justice BLATCHFORD, and, upon his suggestion, was permitted to be made in open court, and has been heard upon full argument.