|
|
United States v. Oppenheimer, 242 U.S. 85 (1916)
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. Oppenheimer, 242 U.S. 85 (1916)
United States v. Oppenheimer No. 412 Argued October 19, 20, 1916 Decided December 4, 1916 242 U.S. 85
ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
A "motion to quash" an indictment, based upon a former adjudication that a previous indictment for the same offence was barred by the statute of limitations, held, in substance, a plea in bar. United States v. Barber, 219 U.S. 72, 78.
Under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246, the right to review decisions and judgments sustaining special pleas in bar is not limited to cases in which the decisions or judgments are based upon the invalidity or construction of the statutes upon which the indictments are founded. United States v. Keitel, 211 U.S. 370, and United States v. Kissel, 218 U.S. 601, explained and distinguished.
A plea of the statute of limitations is a plea to the merits.
A judgment for defendant that the prosecution is barred by limitations goes to his liability in substantive law, and, in whatever form the issue was raised, such a judgment may be interposed as a conclusive bar to another prosecution for the same offence.
The Fifth Amendment, in providing that no one should be twice put in jeopardy, was not intended to supplant the fundamental principle of res judicata in criminal cases.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," United States v. Oppenheimer, 242 U.S. 85 (1916) in 242 U.S. 85 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=8LT1LLF3AP5DB5P.
MLA: U.S. Supreme Court. "Syllabus." United States v. Oppenheimer, 242 U.S. 85 (1916), in 242 U.S. 85, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=8LT1LLF3AP5DB5P.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Oppenheimer, 242 U.S. 85 (1916). cited in 1916, 242 U.S. 85. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=8LT1LLF3AP5DB5P.
|