Johnson v. United States
Supreme Court of the United States
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The facts, which involve the validity of a conviction and sentence for murder in the, District of Columbia, are stated in the opinion. A defendant iñ a.capital ease cannot waive anything essential.
Read the full summary
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The facts, which involve the validity of a conviction and sentence for murder in the, District of Columbia, are stated in the opinion. A defendant iñ a.capital ease cannot waive anything essential. Crain v. United States, 162 U. S. 625. See, also, jWill v. People•, 16 Michigan, 351; Cancemi v. People, 18 N. Y. 128. Reading of an indictment is necessary in all criminal cases unless waived and in a capital case it cannot be waived, and the record in such a case which is silent on that .point is- the same in legal effect…
1Opinion of the CourtJustice McKenna
Johnson was indicted, tried and convicted in the Supreme Court of the District of Columbia for the crime of murder for killing one Ofenstein. and sentenced to death.
He moved for arrest of judgment and for new trial on certain grounds which, among others, present three questions — (1) whether he had been properly.arraigned; (2) the action of the court in giving and refusing instructions in regard to the power of the jury to add to their verdict, if they found him guilty of murder, the words “without capital punishment”; (3) the legality of the manner of selecting the jury.(1) The record…
2Cases cited5 opinions
- Logan v. United StatesSupreme Court of the United States · 1892
- Crain v. United StatesSupreme Court of the United States · 1896
- Hickory v. United StatesSupreme Court of the United States · 1894
- Winston v. United StatesSupreme Court of the United States · 1899
- Evans v. StettnischSupreme Court of the United States · 1893
3Cited by77 opinions
- United States v. Lavance Greene, United States of America v. Randolph GreeneCourt of Appeals for the D.C. Circuit · 1974
- Griffin v. United StatesSupreme Court of the United States · 1949
- United States v. WilsonDistrict Court, S.D. New York · 1983
- McElroy v. United StatesSupreme Court of the United States · 1982
- United States v. MasusockUnited States Court of Military Appeals · 1951
72 more not listed; retrieve them via the Exa API.