|
|
United States v. Ballard, 322 U.S. 78 (1944)
Contents:
Show Summary
Hide Summary
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.
United States v. Ballard, 322 U.S. 78 (1944)
United States v. Ballard No. 472 Argued March 3, 6, 1944 Decided April 24, 1944 322 U.S. 78
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Upon an indictment charging use of the mails to defraud, and conspiracy so to do, respondents were convicted in the District Court. The indictment charged a scheme to defraud through representations -- involving respondents’ religious doctrines or beliefs -- which were alleged to be false and known by the respondents to be false. Holding that the District Court had restricted the jury to the issue of respondents’ good faith and that this was error, the Circuit Court of Appeals reversed and granted a new trial.
Held:
1. The only issue submitted to the jury by the District Court was whether respondents believed the representations to be true. P. 84.
2. Respondents did not acquiesce in the withdrawal from the jury of the issue of the truth of their religious doctrines or beliefs, and are not barred by the rule of Johnson v. United States, 318 U.S. 189, from reasserting here that no part of the indictment should have been submitted to the jury. P. 85.
3. The District Court properly withheld from the jury all questions concerning the truth or falsity of respondents’ religious beliefs or doctrines. This course was required by the First Amendment’s guarantee of religious freedom. P. 86.
The preferred position given freedom of religion by the First Amendment is not limited to any particular religious group or to any particular type of religion but applies to all. P. 87.
4. Respondents may urge in support of the judgment of the Circuit Court of Appeals points which that court reserved, but, since these were not fully presented here either in the briefs or oral argument, they may more appropriately be considered by that court upon remand. P. 88.
138 F.2d 540 reversed.
Certiorari, 320 U.S. 733, to review the reversal of convictions for using the mails to defraud and conspiracy.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," United States v. Ballard, 322 U.S. 78 (1944) in 322 U.S. 78 322 U.S. 79. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=6S5AHKZFN513K4E.
MLA: U.S. Supreme Court. "Syllabus." United States v. Ballard, 322 U.S. 78 (1944), in 322 U.S. 78, page 322 U.S. 79. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6S5AHKZFN513K4E.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Ballard, 322 U.S. 78 (1944). cited in 1944, 322 U.S. 78, pp.322 U.S. 79. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=6S5AHKZFN513K4E.
|