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United States Vs. Miller
Cites for this judgment
- US Supreme Court
- Apr 01, 1985
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U.S. 130 (1985) U.S. Supreme Court United States v. MillerSearch
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U.S. 130 (1985) United States v. MillerSearch
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He was tried on an indictment that clearly set out the offense for which he was ultimately convicted. Stirone v. UnitedSearch
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can there be a showing that the variance prejudiced the fairness of respondent's trial in any other way. Cf. Kotteakos v. UnitedSearch
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States, 328 U. S. 750 (1946). See also Berger v. UnitedSearch
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States, 295 U. S. 78 , 295 U. S. 83 (1935). Cf. also United States v. BallardSearch
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that criminal charges be set out in an indictment -- would support the result of the Court of Appeals. See Russell v. UnitedSearch
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of an accused to be tried only on charges that had in fact been passed on by a grand jury. Ibid. (citing Stirone v. UnitedSearch
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States, 361 U. S. 212 (1960), and Ex parte Bain, 121 U. S. 1 (1887)). Cf. United States v. MastelottoSearch
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by the fact that the indictment alleges more crimes or other means of committing the same crime. See, e.g., Ford v. UnitedSearch
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Salinger v. UnitedSearch
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States, 272 U. S. 542 (1926). See also Berger v. UnitedSearch
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Hall v. UnitedSearch
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offense whose elements are fully set out in an indictment can independently sustain a conviction. See, e.g., Turner v. UnitedSearch
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Brief any citation in this list with AI Studio
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Crain v. UnitedSearch
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Dealy v. UnitedSearch
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Ford v. UnitedSearch
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been confined to allegations that, like those in Ford, would have had no legal relevance if proved. In Salinger v. UnitedSearch
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Id. at 272 U. S. 549 . See also Berger v. UnitedSearch
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Goto v. LaneSearch
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thus conflicts with the results reached by this Court in such cases as Salinger and Ford. See also Hall v. UnitedSearch
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U. S. 634 -636. III The Court of Appeals principally relied on this Court's decision in Stirone v. UnitedSearch
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U.S. at 361 U. S. 218 -219. The Court contrasted Stirone's case with cases like Ford v. UnitedSearch
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U.S. at 361 U. S. 217 (citations omitted). Accord, Russell v. UnitedSearch
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U. S. 10 . This aspect of Bain has been reaffirmed in a number of subsequent cases. See, e.g., United States v. NorrisSearch
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Id. at 361 U. S. 215 -216. See also Russell v. UnitedSearch
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where courts had withdrawn or ignored independent and unnecessary allegations in the indictments. See, e.g., Ford v. UnitedSearch
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jury. Ex parte Bain, 121 U. S. 1 . But here there was no alteration of the indictment, Salinger v. UnitedSearch
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court's action, in effect, add anything to it by submitting to the jury matters which it did not charge. United States v. NorrisSearch
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U. S. 619 , 281 U. S. 622 . In Salinger v. UnitedSearch
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or one alleged method of committing it does not constitute a forbidden amendment of the indictment. See also Goto v. LaneSearch
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from the jury's consideration one count of an indictment while submitting others for its verdict, sustained in Dealy v. UnitedSearch
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to bar subsequent prosecutions, and the Court of Appeals did not rest on any such theories of prejudice. Cf. Kotteakos v. UnitedSearch
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a charge of a very broad conspiracy and proof of far narrower but technically included conspiracies). See also Berger v. UnitedSearch
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Cf. United States v. FabrizioSearch
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Smith v. UnitedSearch
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U.S. Supreme Court United States v. MillerSearch
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Stirone v. UnitedSearch
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Cf. Kotteakos v. UnitedSearch
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Berger v. UnitedSearch
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of the Court of Appeals. See Russell v. UnitedSearch
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Cf. United States v. MastelottoSearch
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Turner v. UnitedSearch
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In Salinger v. UnitedSearch
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Accord, Russell v. UnitedSearch
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Russell v. UnitedSearch
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Smith v. UnitedSearch
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United States v. BallardSearch
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United States v. NorrisSearch
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