Legal Opinion

Andres v. United States

Court of Appeals for the Ninth Circuit

Decided August 14, 1947No. 10815PublishedCited by 6 opinions

1Opinion of the Court

HEALY, Circuit Judge.

This appeal involves a statute of the United States, Criminal Code § 330, 18 U.S.C.A. § 567, providing, so far as pertinent, that in all cases where an accused is found guilty of the crime of murder in the first degree “the jury may qualify their verdict by adding thereto ‘without capital punishment’ ; and whenever the jury shall return a verdict qualified as aforesaid, the person convicted shall be sentenced to imprisonment for life.”1

On the trial appellant was convicted of first degree murder. The jury’s verdict was not qualified, and the accused was given the death…

2Cases cited3 opinions

  1. Winston v. United StatesSupreme Court of the United States · 1899
  2. Winston v. United States. Strather v. Same. Smith v. SameSupreme Court of the United States · 1899
  3. Smith v. United StatesCourt of Appeals for the Ninth Circuit · 1931

3Cited by6 opinions

  1. Andres v. United StatesSupreme Court of the United States · 1948
  2. State v. ConyersSupreme Court of New Jersey · 1971
  3. Ochoa v. United StatesCourt of Appeals for the Ninth Circuit · 1948
  4. Spiegel v. Saks 34th StreetAppellate Terms of the Supreme Court of New York · 1964
  5. Andres v. United StatesSupreme Court of the United States · 1948

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