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Miller v. United States, 317 U.S. 192 (1942)
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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.
Miller v. United States, 317 U.S. 192 (1942)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 317 U.S. 188, click here.
Miller v. United States No. 76 Argued November 18, 1942 Decided December 7, 1942 317 U.S. 192
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. The in forma pauperis statute (Act of July 20, 1892, as amended) does not entitle an indigent defendant in a criminal case to be furnished a verbatim transcript of the evidence at public expense. P. 197.
2. A verbatim transcript of all the evidence is not necessary for the preparation of a bill of exceptions; the bill may be prepared from the judge’s or counsel’s notes, or from the recollection of witnesses as to what occurred at the trial, or, in short, from any and all sources which will contribute to a veracious account of the trial judge’s action and the basis of his ruling. P. 198.
3. Upon a petition to the Circuit Court of Appeals for rehearing of its affirmance, on an appeal in forma pauperis, of a conviction in a criminal case, it appeared that the petitioner’s contention that the evidence was insufficient to sustain the verdict had not been properly presented because of his counsel’s belief that a transcript of the evidence (which the petitioner was without funs to obtain) was necessary for the preparation of a bill of exceptions covering the point. Held, that, in the circumstances, the Circuit Court of Appeals had power, under Rule 4 of the Criminal Appeals Rules, to remand the cause to the District Court for the settlement of a proper bill of exceptions. P. 199.
4. The cause is remanded to the Circuit Court of Appeals for entry of an order permitting settlement in the District Court of a bill of exceptions presenting the point urged by the petitioner. Thereupon, it will be the duty of counsel for the petitioner to submit a bill of exceptions made up from the best sources available, and it will then be the duty of the district judge to assist in amplifying, correcting, and perfecting the bill, and to settle the same in order to present the evidence given at the trial. P. 199.
123 F.2d 715 reversed.
Certiorari, 316 U.S. 658, to review the affirmance of a conviction of kidnapping in violation of 18 U.S.C. § 408a. For other opinions of the court below in this case, see 124 F.2d 849, 126 F.2d 462.
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Chicago: U.S. Supreme Court, "Syllabus," Miller v. United States, 317 U.S. 192 (1942) in 317 U.S. 192 317 U.S. 193. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=JWTZ5BKDVPQITGB.
MLA: U.S. Supreme Court. "Syllabus." Miller v. United States, 317 U.S. 192 (1942), in 317 U.S. 192, page 317 U.S. 193. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=JWTZ5BKDVPQITGB.
Harvard: U.S. Supreme Court, 'Syllabus' in Miller v. United States, 317 U.S. 192 (1942). cited in 1942, 317 U.S. 192, pp.317 U.S. 193. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=JWTZ5BKDVPQITGB.
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