|
|
United States v. Moreland, 258 U.S. 433 (1922)
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. Moreland, 258 U.S. 433 (1922)
United States v. Moreland No. 629 Argued March 9, 10, 1922 Decided April 17, 1922 258 U.S. 433
CERTIORARI TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
1. Imprisonment at hard labor, whether in a penitentiary or elsewhere, is an infamous punishment within the meaning of the Fifth Amendment, and prosecution for a crime so punishable must be by indictment or presentment by a grand jury. P. 435. Wong Wing v. United States, 163 U.S. 228, and Ex parte Wilson, 114 U.S. 417, followed; Fitzpatrick v. United States, 178 U.S. 304, distinguished.
2. Hence, a prosecution in the Juvenile Court of the District of Columbia for the crime of willfully neglecting or refusing to provide for the support and maintenance of minor children, defined by the Act of March 23, 1906, and thereby made punishable by a fine or by imprisonment at hard labor in the workhouse of the District, or by both, cannot be by information. P. 438.
3. It is the punishment which may be, and not that which actually is, imposed under the statute that determines the right to prosecute otherwise than through a grand jury. P. 441.
4. Where an act defining a misdemeanor provides for punishment by fine or imprisonment at hard labor, the provision as to hard labor cannot be treated as severable to sustain a prosecution by information. P. 441.
276 F. 640 affirmed.
Certiorari to review a judgment of the Court of Appeals of the District of Columbia which reversed a judgment of the Juvenile Court of the District sentencing the respondent to six months’ imprisonment in the workhouse for the misdemeanor of willfully neglecting to support his minor children, in violation of the Act of March 23, 1906, c. 1131, 34 Stat. 86. The sentence was based on the verdict of a jury finding respondent guilty of this offense. The judgment under review directed that the complaint in the Juvenile Court be dismissed. The Act of March 19, 1906, c. 960, § 12, 34, Stat. 73, creating the Juvenile Court, provided that prosecutions therein should be on information of the corporation counsel or his assistant. The Act of June 18, 1912, c. 171, § 8, 37 Stat. 134, conferred upon that court concurrent jurisdiction with the Supreme Court of the District in all cases arising under the Act of March 23, 1906, supra.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," United States v. Moreland, 258 U.S. 433 (1922) in 258 U.S. 433 258 U.S. 434. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=L17K4VXI7FGCV4F.
MLA: U.S. Supreme Court. "Syllabus." United States v. Moreland, 258 U.S. 433 (1922), in 258 U.S. 433, page 258 U.S. 434. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=L17K4VXI7FGCV4F.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Moreland, 258 U.S. 433 (1922). cited in 1922, 258 U.S. 433, pp.258 U.S. 434. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=L17K4VXI7FGCV4F.
|