Us Supreme Court Court December 1948 Judgments
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Frazier Vs. United States
Court: US Supreme Court
Decided on: Dec-20-1948
Frazier v. United States - 335 U.S. 497 (1948) U.S. Supreme Court Frazier v. United States, 335 U.S. 497 (1948) Frazier v. United States No. 44 Argued October 15, 1948 Decided December 20, 1948 335 U.S. 497 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus 1. Petitioner was convicted in a federal court in the District of Columbia for violating the Harrison Narcotics Act. In the circumstances of this case, he was not denied the trial "by an impartial jury" guaranteed by the Sixth Amendment, although the jury was composed entirely of employees of the Federal Government and one of them and the wife of another were employees of the Treasury Department, but not of its Bureau of Narcotics, which administers and enforces the federal narcotics statutes. Pp. 335 U. S. 498 -514. 2. A motion to strike the entire panel for alleged irregularities in the method of its selection, which was not made until after an entire morning had been cons...
Michelson Vs. United States
Court: US Supreme Court
Decided on: Dec-20-1948
Michelson v. United States - 335 U.S. 469 (1948) U.S. Supreme Court Michelson v. United States, 335 U.S. 469 (1948) Michelson v. United States No. 23 Argued October 14-15, 1948 Decided December 20, 1948 335 U.S. 469 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. In a trial in a federal court for bribery of a federal officer, the defendant admitted the payment, but claimed that it was induced by the officer, and the case hinged on whether the jury believed the defendant or the officer. The defendant's character witnesses testified that they had known the defendant for from 15 to 30 years, and that he had a good reputation for "honesty and truthfulness" and for "being a law-abiding citizen." In cross-examining them, the prosecutor was permitted to ask whether they had heard that the accused had been arrested 27 years previously for receiving stolen goods. The trial judge had satisfied himself in the absence of the jury that the question re...
Hirota Vs. Macarthur
Court: US Supreme Court
Decided on: Dec-20-1948
Hirota v. MacArthur - 338 U.S. 197 (1948) U.S. Supreme Court Hirota v. MacArthur, 338 U.S. 197 (1949) Hirota v. MacArthur Argued December 16-17, 1948 Decided December 20, 1948 * Concurring opinion announced June 27, 1949 338 U.S. 197 MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF HABEAS CORPUS Syllabus 1. The military tribunal set up in Japan by General MacArthur as the agent of the Allied Powers is not a tribunal of the United States, and the courts of the United States have no power or authority to review, affirm, set aside, or annul the judgments and sentences imposed by it on these petitioners, all of whom are residents and citizens of Japan. P. 338 U. S. 198 . 2. For this reason, their motions for leave to file petitions for writs of habeas corpus are denied. P. 338 U. S. 198 . Page 338 U. S. 198 PER CURIAM. The petitioners, all residents and citizens of Japan, are being held in custody pursuant to the judgments of a military tribunal in Japan. Two of the petit...
Goesaert Vs. Cleary
Court: US Supreme Court
Decided on: Dec-20-1948
Goesaert v. Cleary - 335 U.S. 464 (1948) U.S. Supreme Court Goesaert v. Cleary, 335 U.S. 464 (1948) Goesaert v. Cleary No. 49 Argued November 19, 1948 Decided December 20, 1948 335 U.S. 464 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN Syllabus Mich.Stat.Ann. (Cum.Supp. 1947) 18.990(1), which in effect forbids any female to act as a bartender unless she be "the wife or daughter of the male owner" of a licensed liquor establishment, does not violate the Equal Protection Clause of the Fourteenth Amendment. Pp. 335 U. S. 465 -467. (a) The classification which Michigan has made as between wives and daughters of owners of liquor establishments and wives and daughters of nonowners is not without a reasonable basis. Pp. 335 U. S. 465 -467. (b) Nor is the statute rendered unconstitutional because Michigan allows women to serve as waitresses where liquor is dispensed. P. 335 U. S. 467 . 74 F.Supp. 735 affirmed. A three-judge federal dis...
Uveges Vs. Pennsylvania
Court: US Supreme Court
Decided on: Dec-13-1948
Uveges v. Pennsylvania - 335 U.S. 437 (1948) U.S. Supreme Court Uveges v. Pennsylvania, 335 U.S. 437 (1948) Uveges v. Pennsylvania No. 75 Argued November 15-16, 1948 Decided December 13, 1948 335 U.S. 437 CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA Syllabus 1. Without being advised of his right to counsel or being offered counsel at any time between arrest and conviction, a 17-year-old youth charged in a Pennsylvania state court under four indictments with four separate burglaries, for which he could have been given maximum sentences aggregating 80 years, pleaded guilty and was sentenced to from five to ten years on each indictment, the sentences to run consecutively. The record showed no attempt on the part of the court to make him understand the consequences of his plea. Held: he was denied due process of law contrary to the Fourteenth Amendment. Pp. 335 U. S. 438 -442. 2. The due process clause of the Fifth or the Fourteenth Amendment requires counsel for all per...
Upshaw Vs. United States
Court: US Supreme Court
Decided on: Dec-13-1948
Upshaw v. United States - 335 U.S. 410 (1948) U.S. Supreme Court Upshaw v. United States, 335 U.S. 410 (1948) Upshaw v. United States No. 98 Argued November 12, 1948 Decided December 13, 1948 335 U.S. 410 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Arrested on suspicion without a warrant, petitioner confessed 30 hours later, while being held without having been taken before a committing magistrate as required by Rule 5(a) of the Federal Rules of Criminal Procedure. The only reason given by the arresting officer for the delay in his arraignment was that there was not enough evidence to hold him, and the police wished to question him further. At his trial in a federal court, the confession was admitted in evidence over his objection, and the jury found that it was voluntary. Held: the confession was inadmissible, and a conviction based thereon is reversed. McNabb v. United States, 318 U. S. 332 , followed. United States...
Mcdonald Vs. United States
Court: US Supreme Court
Decided on: Dec-13-1948
McDonald v. United States - 335 U.S. 451 (1948) U.S. Supreme Court McDonald v. United States, 335 U.S. 451 (1948) McDonald v. United States No. 36 Argued October 13, 1948 Decided December 13, 1948 335 U.S. 451 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Suspecting that petitioner McDonald was operating an illegal lottery, police had kept him under surveillance for two months. Thinking that they detected from the outside the sound of an adding machine, they forced their way, without a warrant for search or arrest, into a rooming house in which he had rented a room. They proceeded to his room, looked through the transom, and observed petitioners McDonald and Washington engaged in operating a lottery. Demanding and obtaining entrance, they arrested both petitioners and seized machines, papers and money which were in plain view. These articles were admitted in evidence over the objection of petitioners, who were convicted. Hel...
Vermilya-brown Co., Inc. Vs. Connell
Court: US Supreme Court
Decided on: Dec-06-1948
Vermilya-Brown Co., Inc. v. Connell - 335 U.S. 377 (1948) U.S. Supreme Court Vermilya-Brown Co., Inc. v. Connell, 335 U.S. 377 (1948) Vermilya-Brown Co., Inc. v. Connell No. 22 Argued October 15, 1948 Decided December 6, 1948 335 U.S. 377 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus If otherwise applicable, the Fair Labor Standards Act covers employees of American contractors engaged in the construction of a military base for the United States in an area in Bermuda leased by Great Britain to the United States for 99 years, even though the leased area is under the sovereignty of Great Britain and is not territory of the United States in a political sense. Pp. 335 U. S. 378 -390. 1. The question whether the Act applies in this area is not a political question beyond the competence of courts to decide. P. 335 U. S. 380 . 2. Under the power granted by the Constitution, Art. IV, 3, cl. 2, to make "all needful Rules and Regulations respe...
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