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ROONEY v. NORTH DAKOTA

No. 123.

196 U.S. 319 (1905)

ROONEY v. NORTH DAKOTA.

Supreme Court of United States.

Decided January 23, 1905.

Attorney(s) appearing for the Case

Mr. B.F. Spalding, with whom Mr. Seth Newman was on the brief, for plaintiff in error.

Mr. Emerson H. Smith, with whom Mr. W.H. Barnett was on the brief, for defendant in error.

MR. JUSTICE HARLAN, after making the foregoing statement, delivered the opinion of the court.

It appears from the statement of the case that the statute in force when the sentence of death was pronounced differed from those in force when the crime was committed and when the verdict was rendered, in these particulars:

1. By the later law, close confinement in the penitentiary for not less than six months and not more...

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