Us Supreme Court Court February 1961 Judgments
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Wilkinson Vs. United States
Court: US Supreme Court
Decided on: Feb-27-1961
Wilkinson v. United States - 365 U.S. 399 (1961) U.S. Supreme Court Wilkinson v. United States, 365 U.S. 399 (1961) Wilkinson v. United States No. 37 Argued November 17, 1960 Decided February 27, 1961 365 U.S. 399 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Summoned to testify before a Subcommittee of the House of Representatives Committee on Un-American Activities, which was investigating Communist infiltration into basic industries in the South and Communist Party propaganda activities in the South, petitioner refused to answer a question as to whether he was then a member of the Communist Party. He did not claim his privilege against self-incrimination, but contended that the Subcommittee was without lawful authority to interrogate him, and that its questioning violated his rights under the First Amendment. For refusing to answer, he was convicted of a violation of 2 U.S.C. 192, which makes it a misdemeanor for any person summoned as ...
Green Vs. United States
Court: US Supreme Court
Decided on: Feb-27-1961
Green v. United States - 365 U.S. 301 (1961) U.S. Supreme Court Green v. United States, 365 U.S. 301 (1961) Green v. United States Nos. 70 and 179 Argued January 10-11, 1961 Decided February 27, 1961 365 U.S. 301 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Petitioner was convicted in a Federal District Court on a three-count indictment under 18 U.S.C. 2113 for (1) entering a bank with intent to commit a felony, (2) robbing the bank, and (3) assaulting or putting in jeopardy the lives of persons by using a dangerous weapon while committing the robbery. Before passing sentence, the District Judge asked, "Did you want to say something?", whereupon petitioner's counsel at some length invoked the Judge's discretionary leniency. Petitioner was then sentenced to imprisonment for 20 years on each of the first two counts and for 25 years on the third count, all to run concurrently. Seven years later, petitioner filed two motions under Rule 35 of ...
Thompson Vs. Whittier
Court: US Supreme Court
Decided on: Feb-27-1961
THOMPSON v. WHITTIER - 365 U.S. 465 (1961) U.S. Supreme Court THOMPSON v. WHITTIER, 365 U.S. 465 (1961) 365 U.S. 465 THOMPSON v. WHITTIER, ADMINISTRATOR OF VETERANS AFFAIRS. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. No. 500. Decided February 27, 1961. Appeal dismissed because the case does not arise under 28 U.S.C. 2282 and cannot be appealed directly to this Court under 28 U.S.C. 1253. Reported below: 185 F. Supp. 306. Mary M. Kaufman for appellant. Solicitor General Rankin, Assistant Attorney General Yeagley and Kevin T. Maroney for appellee. PER CURIAM. The motion to dismiss is granted. The case does not arise under 28 U.S.C. 2282, requiring the convening of a three-judge court. See I. L. G. W. U. v. Donnelly Garment Co., 304 U.S. 243 . Therefore it cannot be directly brought here for review under 28 U.S.C. 1253, and the appeal must be dismissed. Appellant is free to pursue his perfected appeal in the Court of Appeals. Page 365 U.S. ...
Wilson Vs. Schnettler
Court: US Supreme Court
Decided on: Feb-27-1961
Wilson v. Schnettler - 365 U.S. 381 (1961) U.S. Supreme Court Wilson v. Schnettler, 365 U.S. 381 (1961) Wilson v. Schnettler No. 182 Argued December 15, 1960 Decided February 27, 1961 365 U.S. 381 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Respondents, who are federal agents, arrested petitioner without a warrant and seized narcotics which they found on his person in the course of an incidental search. They then delivered him to state authorities, who confined him in jail. After a state grand jury had indicted petitioner for possessing narcotics in violation of state law, he moved in a state court for an order suppressing use of the narcotics as evidence in his impending trial, and the state court denied the motion. Petitioner then sued in a federal district court to impound the narcotics, to enjoin their use in evidence, and to enjoin respondents from testifying at petitioner's trial in the state court. Although his complaint alleged ...
Pugach Vs. Dollinger
Court: US Supreme Court
Decided on: Feb-27-1961
Pugach v. Dollinger - 365 U.S. 458 (1961) U.S. Supreme Court Pugach v. Dollinger, 365 U.S. 458 (1961) Pugach v. Dollinger No. 111 Argued January 16, 1961 Decided February 27, 1961 365 U.S. 458 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus A federal court may not enjoin the use in a criminal trial in a state court of evidence obtained by wiretapping in violation of 605 of the Federal Communications Act. Schwartz v. Texas, 344 U. S. 199 ; Stefanelli v. Minard, 342 U. S. 117 . 277 F.2d 739 affirmed. PER CURIAM. The judgment is affirmed on the authority of Schwartz v. Texas, 344 U. S. 199 , and Stefanelli v. Minard, 342 U. S. 117 . MR. JUSTICE BRENNAN would also affirm, but solely on the authority of Stefanelli v. Minard, 342 U. S. 117 . Page 365 U. S. 459 MR. JUSTICE DOUGLAS, with whom THE CHIEF JUSTICE concurs, dissenting. In Schwartz v. Texas, 344 U. S. 199 , a pawnbroker was convicted as an accomplice in a robbery...
Tampa Elec. Co. Vs. Nashville Coal Co.
Court: US Supreme Court
Decided on: Feb-27-1961
Tampa Elec. Co. v. Nashville Coal Co. - 365 U.S. 320 (1961) U.S. Supreme Court Tampa Elec. Co. v. Nashville Coal Co., 365 U.S. 320 (1961) Tampa Electric Co. v. Nashville Coal Co. No. 87 Argued December 15, 1960 Decided February 27, 1961 365 U.S. 320 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Petitioner produces electric energy and sells it to a 60-mile by 30-mile service area in the vicinity of Tampa, Fla. In 1954, it had two generating plants which consumed only oil in their burners, as did all electric generating plants in peninsular Florida. It decided to construct a new generating plant, and to try burning coal in at least two, and possibly all, units of that plant, and it contracted to purchase from respondents all coal it would require as boiler fuel at the new plant over a 20-year period. Petitioner's estimated maximum requirements exceeded the total consumption of coal in peninsular Florida, but it did not amount to more than 1% ...
Braden Vs. United States
Court: US Supreme Court
Decided on: Feb-27-1961
Braden v. United States - 365 U.S. 431 (1961) U.S. Supreme Court Braden v. United States, 365 U.S. 431 (1961) Braden v. United States No. 54 Argued November 17, 1960 Decided February 27, 1961 365 U.S. 431 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Summoned to testify before a Subcommittee of the House of Representatives Committee on Un-American Activities, which was investigating Communist infiltration into basic industries in the South and Communist Party propaganda activities in the South, petitioner refused to answer many of the questions directed to him. He did not claim his privilege against self-incrimination, but contended that the questions were not pertinent to a question under inquiry by the Subcommittee, and that its questioning violated his rights under the First Amendment. For refusing to answer, he was convicted of a violation of 2 U.S.C. 192, which makes it a misdemeanor for any person summoned as a witness by either Hous...
Clancy Vs. United States
Court: US Supreme Court
Decided on: Feb-27-1961
Clancy v. United States - 365 U.S. 312 (1961) U.S. Supreme Court Clancy v. United States, 365 U.S. 312 (1961) Clancy v. United States No. 88 Argued January 10, 1961 Decided February 27, 1961 365 U.S. 312 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus At the trial in a Federal District Court at which petitioners were convicted of violating federal criminal statutes, government witnesses testified to conversations with certain of the petitioners and admitted that they subsequently prepared memoranda of such conversations. Counsel for petitioners moved under the Jencks Act, 28 U.S.C. 3500, for production of such memoranda, and the motions were denied. Before this Court, the Government alleged that, despite denial of the motion for production, verbatim copies of these memoranda were in fact delivered to counsel for petitioners, although the record did not show it and counsel for petitioners denied it; and the Government contended that the cas...
S. S. Kresge Co. Vs. Bowers
Court: US Supreme Court
Decided on: Feb-27-1961
S. S. KRESGE CO. v. BOWERS - 365 U.S. 466 (1961) U.S. Supreme Court S. S. KRESGE CO. v. BOWERS, 365 U.S. 466 (1961) 365 U.S. 466 S. S. KRESGE CO. v. BOWERS, TAX COMMISSIONER OF OHIO. APPEAL FORM THE SUPREME COURT OF OHIO. No. 534. Decided February 27, 1961. Appeal dismissed for want of a substantial federal question. Reported below: 170 Ohio St. 405, 166 N. E. 2d 139. Carlton S. Dargusch and Carlton S. Dargusch, Jr. for appellant. Mark McElroy, Attorney General of Ohio, and Joseph D. Karam and Robert J. Kosydar, Assistant Attorneys General, for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Page 365 U.S. 466, 467 ...
Aro Mfg. Co., Inc. Vs. Convertible Top Co.
Court: US Supreme Court
Decided on: Feb-27-1961
Aro Mfg. Co., Inc. v. Convertible Top Co. - 365 U.S. 336 (1961) U.S. Supreme Court Aro Mfg. Co., Inc. v. Convertible Top Co., 365 U.S. 336 (1961) Aro Manufacturing Co., Inc. v. Convertible Top Replacement Co., Inc. No. 21 Argued October 13, 17, 1960 Decided February 27, 1961 365 U.S. 336 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus The owner of all territorial rights in a certain area in Patent No. 2,569,724, covering the combination, in an automobile body, of a flexible top fabric, supporting structures, and a mechanism for sealing the fabric against the side of the automobile body to keep out the rain, brought this infringement suit against petitioners, which manufacture and sell replacement fabrics designed to fit the models of convertible automobiles equipped with tops embodying the combination covered by the patent. The patent covered only the combination of certain unpatented components and made no claim to invention based on the fa...
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