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Johnston v. United States, 351 U.S. 215 (1956)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Johnston v. United States, 351 U.S. 215 (1956)
Johnston v. United States Argued May 2-3, 1956 Decided May 21, 1956 351 U.S. 215
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
These registrants under the Universal Military Training and Service Act were classified as conscientious objectors and were ordered by their local draft boards to report for civilian work at state hospitals located in judicial districts other than those in which they resided and were registered and where their orders were issued. They refused to report for work at the places designated, and each was indicted for a violation of § 12(a) of the Act.
Held: the venue for their trials was in the judicial districts where the civilian work was to be performed, not in the judicial districts in which they resided and where their orders were issued. Pp. 216-223.
(a) The general rule is that, where the crime charged is a failure to do a legally required act, the place fixed for its performance determines the situs of the crime. P. 220.
(b) The possibility that registrants might be ordered to report to points remote from the situs of draft boards neither allows nor requires judicial changes in the law of venue. P. 220.
(c) The venue requirements of Article III of the Constitution and the Sixth Amendment state the public policy that fixes the situs of a trial in the vicinage of the crime, rather than where the accused is a resident, and a variation from that rule for the convenience of the prosecution or the accused is not justified. Pp. 220-221.
227 F.2d 745 affirmed. 229 F.2d 257 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Johnston v. United States, 351 U.S. 215 (1956) in 351 U.S. 215 351 U.S. 216. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=2K3T6B8R2C6H5I1.
MLA: U.S. Supreme Court. "Syllabus." Johnston v. United States, 351 U.S. 215 (1956), in 351 U.S. 215, page 351 U.S. 216. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2K3T6B8R2C6H5I1.
Harvard: U.S. Supreme Court, 'Syllabus' in Johnston v. United States, 351 U.S. 215 (1956). cited in 1956, 351 U.S. 215, pp.351 U.S. 216. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=2K3T6B8R2C6H5I1.
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