Legal Opinion
Barkman v. Sanford
Court of Appeals for the Fifth Circuit
Decided June 24, 1947No. 11941PublishedCited by 41 opinions
1Opinion of the Court
WALLER, Circuit Judge.
The sole question presented by this appeal is, do subsections (a) and (b) of Rule 7, Federal Rules of Criminal Procedure, 18 U.S.C.A. following section 687, authorizing the prosecution of a defendant, in a noncapital felony, upon information, provided he waives an indictment by a grand jury, violate the provision of the Fifth Amendment that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury”?
The information in the present case charged the Petitioner with a noncapital felony, punishable by…
2Cases cited8 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Patton v. United StatesSupreme Court of the United States · 1930
- Diaz v. United StatesSupreme Court of the United States · 1912
- Powers v. United StatesSupreme Court of the United States · 1912
- Trono v. United StatesSupreme Court of the United States · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Branzburg v. HayesSupreme Court of the United States · 1972
- Smith v. United StatesSupreme Court of the United States · 1959
- King v. StateCourt of Criminal Appeals of Texas · 1971
- Heath v. StateCourt of Appeals of Maryland · 2001
- United States v. SchafferUnited States Court of Military Appeals · 1982
36 more not listed; retrieve them via the Exa API.