by John Marshall Harlan

“ Another provision of the constitution of the United States invoked by the accused in support of his appeal is that part of the fifth amendment prohibiting the deprivation of liberty without due process of law. We assume that counsel who prepared the application for a writ of habeas corpus intended to refer to that clause of the fourteenth amendment which declares that no state shall deprive any person within its jurisdiction of his liberty without due process of law. What has been said is sufficient to indicate that, in our judgment, there is nothing of merit in this contention. ”

“ A review by an appellate court of the final judgment in a criminal case, however grave the offense of which the accused is convicted, was not at common law, and is not now, a necessary element of due process of law. It is wholly within the discretion of the state to allow or not to allow such a review. A citation of authorities upon the point is unnecessary. ”

“ When McKane applied for the writ of habeas corpus he was an inmate of Sing Sing prison, pursuant to the judgment of the court in which he was indicted and found guilty. His appeal to the general term of the supreme court, so far as the statutes of New York are concerned, did not prevent his being committed to that prison in execution of the sentence pronounced against him ”