In the case of Price v. People of the State of Illinois, 1914, a man named Charles Price was convicted for murder in an Illinois court and sentenced to death. He appealed his conviction to the Supreme Court on grounds that he had been denied due process under the Fourteenth Amendment because he was not allowed to testify at his own trial. The Supreme Court upheld his conviction stating that while it is true that defendants have a constitutional right to testify in their defense, this right did not exist when Price's trial took place as it only came into existence after Congress passed a law allowing such testimony in 1898 - several years after Price's original trial date. Therefore, since no federal question was presented by these facts, there could be no review by writ of error from this court and thus affirmed its decision with costs against plaintiff in error.

In the dissenting opinion for Price v. People of the State of Illinois, Justice Holmes argued that there was no constitutional violation in this case as it did not involve any deprivation of property without due process. He contended that while the defendant may have been deprived of his liberty to some extent by being arrested and detained, such deprivation was a necessary part of enforcing laws and maintaining order in society. Furthermore, he pointed out that even if one were to consider the defendant's arrest as an infringement on his personal rights, it would still be justified under law enforcement powers granted by state legislation. Therefore, according to Justice Holmes' interpretation, there was no basis for claiming a breach of Fourteenth Amendment protections in this instance.