|
|
Krulewitch v. United States, 336 U.S. 440 (1949)
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.
Krulewitch v. United States, 336 U.S. 440 (1949)
Krulewitch v. United States No. 143 Argued January 10, 1949 Decided March 28, 1949 336 U.S. 440
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner was convicted in a federal district court for inducing a woman (the complaining witness) to go from New York to Florida for the purpose of prostitution, transporting her from New York to Miami for that purpose, and conspiring with another woman to commit those offenses. At his trial, there was admitted in evidence over his objection testimony concerning a statement made by the coconspirator to the complaining witness more than six weeks after the transportation to Miami had been completed, which implied that petitioner was guilty and suggested concealing his guilt.
Held:
1. The hearsay declaration attributed to the coconspirator was not admissible on the ground that it was made in furtherance of the conspiracy to transport. Pp. 441-443.
2. Nor was it admissible on the ground that it was in furtherance of a continuing subsidiary phase of the conspiracy -- i.e., an implied agreement to conceal the crime. Pp. 443-444.
3. Since it cannot be said on the record in this case that the erroneous admission of the hearsay declaration may not have tipped the scales against petitioner, it cannot be considered a harmless error under 28 U.S.C. (1946 ed.) § 391, and the conviction is reversed. Pp. 444-445.
167 F.2d 943, reversed.
Petitioner was convicted in a federal district court of violations of the Mann Act and of conspiracy to commit those offenses, 18 U.S.C. §§ 88, 398, 399 (now 18 U.S.C. §§ 371, 2421, 2422). The Court of Appeals affirmed. 167 F.2d 943. This Court granted certiorari. 335 U.S. 811. Reversed, p. 445.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Krulewitch v. United States, 336 U.S. 440 (1949) in 336 U.S. 440 336 U.S. 441. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=DRV1STI1D3NNFGA.
MLA: U.S. Supreme Court. "Syllabus." Krulewitch v. United States, 336 U.S. 440 (1949), in 336 U.S. 440, page 336 U.S. 441. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DRV1STI1D3NNFGA.
Harvard: U.S. Supreme Court, 'Syllabus' in Krulewitch v. United States, 336 U.S. 440 (1949). cited in 1949, 336 U.S. 440, pp.336 U.S. 441. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=DRV1STI1D3NNFGA.
|