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WINSTON v. UNITED STATES

Nos. 431, 432, 433.

172 U.S. 303 (1899)

WINSTON v. UNITED STATES. STRATHER v. UNITED STATES. SMITH v. UNITED STATES.

Supreme Court of United States.

Decided January 8, 1899.

Attorney(s) appearing for the Case

Mr. George Kearney for Winston. Mr. Charles H. Turner was on his brief.

Mr. Samuel D. Truitt for Strather. Mr. Tracy L. Jeffords was on his brief.

Mr. Henry E. Davis for the United States. Mr. Assistant Attorney General Boyd was on his brief.

Mr. F.S. Key Smith for Smith.

MR. JUSTICE GRAY, after stating the cases, delivered the opinion of the court.

By section 5339 of the Revised Statutes, reënacting earlier acts of Congress, "every person who commits murder" "within any fort, arsenal, dockyard, magazine, or in any other place or district of country under the exclusive jurisdiction of the United States," "shall suffer death."

The act of January 15, 1897, c. 29, entitled "An act to reduce the cases in which the penalty...

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