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In re Hawthorne

261 N.Y. 618 Court N.Y. Decision date 1933-03-07 English

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p. 618
In the Matter of the Application of Robert T. Hawthorne, Appellant, for Admission to the Bar. The Committee on Character and Fitness for the Second Judicial Department, Respondent.
(Submitted February 27, 1933;
decided March 7, 1933.)

Motion to amend remittitur granted.

Return of remittitur requested and when returned it will be amended so as to provide that upon the appeal herein the appellant argued and asserted that the final order of the Appellate Division of the Supreme Court for the Second Judicial Department was invalid and unconstitutional, by reason of the provisions of Amendment V and section 1, Amendment XIV of the Amendments to the United States Constitution, which provide that no State shall deprive any person of fife, liberty or property, without due process of law, and, also, by reason of the provisions of said Amendment V of the Amendments to the United States Constitution, which provides, “Nor shall any person be subject, for the same offense, to be twice put in jeopardy of life or limb.” (See 261 N. Y. 520 , 554.)

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