William Henry Moody

“ A mere claim in the court below that there has been a denial of due process of law does not of itself raise a Federal question with sufficient distinctness of give us jurisdiction to consider whether there has been a violation of the 14th Amendment to the Constitution. ”

“ All murder which is perpetrated by means of poison, or lying in wait, or any other kind of wilful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate any arson, rape, robbery, mayhem, or burglary, is murder in the first degree, and shall be punished with death or imprisonment for life at hard labor in the penitentiary, as determined by the jury, or by the court, if the defendant pleads guilty. ”

“ There is nothing in the record to show that it was so raised. The plaintiff in error duly and seasonably excepted to the instructions complained of, but in no way was it then indicated (except as hereafter appears) that he claimed that any right under the Federal Constitution was impaired by them.
The judgment of the state supreme court does not contain the slightest allusion to any Federal question. ”