Page:United States Reports, Volume 209.djvu/286

 20 OCTOBER TF.,KM 1907. Argument for De[endant in Ern. 209 U. 8. procedure, as hased thereon, the plaintiff in error has been deprived of a fir and impartial hearing, due proce of law gbe equal protection of the laws a guaranteed by the Cormtitu- tion of the United 8rates and the constitution of Iowa. Mr. Char/es W. Lgon, with whom Mr. H. W. Biters, Attorney General of ghe 8rate of Iowa, and Mr. E. B. Eua,,s were on t brief, for defendant in error: The Supreme Court of the United 8tats will not review on writ of error the judgment or deer of the highest court of 8rate in reapeeg to the cqnatmefion of it own constitution and lawe in a controversy not involving any Federal question, when the dee'mion turned upon the conaPruction, no the validity, of a state law, and the question of validity was not raid. Neither will it inquire in the grounch and reana upon whim the Supreme Cour of a 8gate proceeded in ira construction of the statute and constitution of that State. Commercial Bank at 227; McBride v. Hoeg, 11 PeG. 167; Wats v. Washington, 91U. 8. 58. The iustruetion given were warranted by �28 of the Code, deft'ting murder in the first degree. That being true, whatevex objection plaintiff in error makes against the intruetion would neeeafily apply to the statute in question.  statute wa in effect held by the opinion of the Supreme Court of Iowa in the ease at bar, not to have been in contravention of tm pro- vidon of the state constitution. It is nowhere et out in the bill of exeeption thaf the e3aarge of the court was againnt and in conflict with the Constitution or laws of ghe United State$, and even though ueh allegation did appear in the record in this ease, it would not be aufiiaiont for the reason that 8ueh an allegation would be too indefinite t determine wha elau in the Constitution, or what law of Congre may have been relied upon. The attention of the court must have been called to the par- tieular elaue or elaue of the Coaafitution upon which phin-

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