Cole v. Arkansas, 333 U.S. 196 (1948)
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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.
Cole v. Arkansas, 333 U.S. 196 (1948)
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Cole v. Arkansas No. 373 Argued February 4-5, 1948 Decided March 8, 1948 333 U.S. 196
CERTIORARI TO THE SUPREME COURT OF ARKANSAS
Syllabus
Petitioners were tried in a state court under an information charging them only with a violation of § 2 of a state statute making it an offense to promote an unlawful assemblage. The trial court instructed the jury that they were charged with an offense under §2, and they were convicted. They appealed to the State Supreme Court, contending, inter alia, that § 2 was contrary to the Federal Constitution. Without passing on that question, the State Supreme Court sustained their convictions on the ground that the information charged and the evidence showed that petitioners had violated § 1 of the same statute, which describes the distinct offense of using force and violence.
Held: Petitioners were denied due process of law, and the judgment is reversed and remanded to the State Supreme Court for further proceedings. Pp. 197-202.
(a) It is as much a violation of due process to send an accused to prison following a conviction of a charge on which he was never tried as it would be to convict him upon a charge that was never made. P. 201.
(b) To conform to due process of law, petitioners were entitled to have the validity of their convictions appraised on consideration of the case as it was tried and as the issues were determined in the trial court. P. 202.
211 Ark. 836, 202 S.W.2d 770, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Cole v. Arkansas, 333 U.S. 196 (1948) in 333 U.S. 196 333 U.S. 197. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=H6CHQDY6HPUM3NX.
MLA: U.S. Supreme Court. "Syllabus." Cole v. Arkansas, 333 U.S. 196 (1948), in 333 U.S. 196, page 333 U.S. 197. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=H6CHQDY6HPUM3NX.
Harvard: U.S. Supreme Court, 'Syllabus' in Cole v. Arkansas, 333 U.S. 196 (1948). cited in 1948, 333 U.S. 196, pp.333 U.S. 197. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=H6CHQDY6HPUM3NX.
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