Hugo Black,
Cole v. Arkansas, 333 U.S. 196 …
“ If, as the State Supreme Court held, petitioners were charged with a violation of § 1, it is doubtful both that the information fairly informed them of that charge and that they sought to defend themselves against such a charge; it is certain that they were not tried for or found guilty of it. It is as much a violation of due process to send an accused to prison following conviction of a charge on which he was never trid as it would be to convict him upon a charge that was never made. ”
