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Smith v. United States, 360 U.S. 1 (1959)
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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.
Smith v. United States, 360 U.S. 1 (1959)
Smith v. United States No. 90 Argued January 21, 1959 Decided June 8, 1959 360 U.S. 1
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Since a violation of the Federal Kidnapping Act, 18 U.S.C. § 1201, may be punishable by death if the victim was not liberated unharmed and if the jury so recommends, petitioner’s prosecution for a violation of that Act by information, instead of indictment, violated Rule 7(a) of the Federal Rules of Criminal Procedure, which provides that "An offense which may be punishable by death shall be prosecuted by indictment," and his conviction was invalid -- even though he waived indictment and it was not alleged or proved that the victim was harmed. Pp. 2-10.
(a) The statute, 18 U.S.C. § 1201, creates the single offense of transporting a kidnapping victim across state lines, which may be punished by death if sufficient evidence of harm to the victim is introduced at the trial, and such an offense must be prosecuted by indictment. Pp. 8-9.
(b) The substantial safeguards to the accused provided by the requirement that such an offense be prosecuted by indictment cannot be eradicated on the theory that noncompliance is a mere technical departure from the rules. P. 9.
(c) Under Rule 7(a), the United States Attorney did not have authority to file an information in this case, and the waivers made by petitioner were not binding, and did not confer power on the convicting court to hear the case. P. 10.
250 F.2d 842 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Smith v. United States, 360 U.S. 1 (1959) in 360 U.S. 1 360 U.S. 2. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=BHHANWANSMYV43N.
MLA: U.S. Supreme Court. "Syllabus." Smith v. United States, 360 U.S. 1 (1959), in 360 U.S. 1, page 360 U.S. 2. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=BHHANWANSMYV43N.
Harvard: U.S. Supreme Court, 'Syllabus' in Smith v. United States, 360 U.S. 1 (1959). cited in 1959, 360 U.S. 1, pp.360 U.S. 2. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=BHHANWANSMYV43N.
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