Note 873 — AMENDMENT 14 (continued 4)

Fay v. New York, 332 U.S. 261, 288 (1947); Moore v. New York, 333 U.S. 585 (1948).—Both cases reject the proposition that the commandment of the Sixth Amendment, which requires a jury trial in criminal cases in the federal courts is picked up by the due process clause of the Fourteenth Amendment so as to become a limitation upon the States.