United States Reports: Cases Adjudged in the Supreme Court at ... and Rules Announced at ..., Volume 432United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner Banks & Bros., Law Publishers, 1976 - Courts |
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Results 1-5 of 62
Page 27
... offense is charged and if substan- tial rights of the defendant are not prejudiced . " At no time in the course of the first trial did either the defense or the prosecution raise the possibility that the information might be amended ...
... offense is charged and if substan- tial rights of the defendant are not prejudiced . " At no time in the course of the first trial did either the defense or the prosecution raise the possibility that the information might be amended ...
Page 28
... offense , the Both sides assume that the District Court's statements , made to justify denial of Lee's motion for judgment of acquittal , that he had been " proven [ sic ] beyond any reasonable doubt in the world " and that there was ...
... offense , the Both sides assume that the District Court's statements , made to justify denial of Lee's motion for judgment of acquittal , that he had been " proven [ sic ] beyond any reasonable doubt in the world " and that there was ...
Page 29
... offense charged . " Id . , at 370. ' We held that such proceedings would violate the double jeopardy guarantee : " The trial , which could have resulted in a judgment of conviction , has long since terminated in respondent's favor ...
... offense charged . " Id . , at 370. ' We held that such proceedings would violate the double jeopardy guarantee : " The trial , which could have resulted in a judgment of conviction , has long since terminated in respondent's favor ...
Page 30
... offense charged . A mistrial ruling invariably rests on grounds consistent with reprosecution , see United States v . Jorn , 400 U. S. 470 , 476 ( 1971 ) ( plurality opinion ) , while a dismissal may or may not do so . Where a midtrial ...
... offense charged . A mistrial ruling invariably rests on grounds consistent with reprosecution , see United States v . Jorn , 400 U. S. 470 , 476 ( 1971 ) ( plurality opinion ) , while a dismissal may or may not do so . Where a midtrial ...
Page 39
... offense over his objection , I would reverse his conviction . 2 Since this was a bench trial without a jury there was not even a need to call a " recess " ; the Judge could have postponed the taking of testimony for 15 minutes . Decree ...
... offense over his objection , I would reverse his conviction . 2 Since this was a bench trial without a jury there was not even a need to call a " recess " ; the Judge could have postponed the taking of testimony for 15 minutes . Decree ...
Contents
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Common terms and phrases
accommodate action AFDC-UF affirmative defense aliens amicus curiae appellees applied argued the cause Attorney General's BLACKMUN Blockburger BRENNAN brief burden Certiorari Certiorari denied charge Christiana Circuit claim Commission Congress Connecticut constitutional conviction Court of Appeals coverage crime criminal death decision defendant determination dissenting 432 U.S. District Court Double Jeopardy Clause Du Pont due process Due Process Clause EEOC elective employees employment evidence ex post facto fact factors federal filed Florida Florida Supreme Court Glover Hardison held identification intended issue judgment judicial review jurisdiction jury JUSTICE lesser included offense limitations MARSHALL Medicaid ment motion Mullaney murder national banks North Carolina offense Opinion person petitioner petitioner's Pont POWELL procedure prosecution protection punishment regulation REHNQUIST respondent Romasanta rule sentence State's statute statutory Stovall Supp supra Supreme Court tion Title VII Title XIX trial United violation voting Voting Rights Act Washington apple
Popular passages
Page 262 - An act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof...
Page 111 - The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not.
Page 187 - The reasonable-doubt standard plays a vital role in the American scheme of criminal procedure. It is a prime instrument for reducing the risk of convictions resting on factual error. The standard provides concrete substance for the presumption of innocence — that bedrock "axiomatic and elementary" principle whose "enforcement lies at the foundation of the administration of our criminal law.
Page 198 - Compensation Act. For the purposes of the extension of the provisions of the Longshoremen's and Harbor Workers' Compensation Act under this section — (1) the term "employee...
Page 112 - HOLMES delivered the opinion of the court. The question in this case is whether the following instrument is entitled to probate: "Washington, DC Aug. 31
Page 417 - The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread'.
Page xxiii - Amendment of Information. The court may permit an information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.
Page 91 - WHITE announced the judgment of the Court and an opinion in which THE CHIEF JUSTICE, MR. JUSTICE STEWART, and MR. JUSTICE BLACKMUN join.
Page 289 - gist of the question of standing" is whether the party seeking relief has "alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions.
Page 426 - Columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color...