Kleindienst v. United States
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a judgment of conviction of the Supreme Court of the District of Columbia in a criminal prosecution for adultery. The Court in tbe opinion stated tbe facts as follows: Appeal from a judgment in the supreme court of the District, where the defendant, Raymond O. Kleindienst, was convicted upon the two counts of an indictment charging him with adultery with Margaret Stout.
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Hearing on an appeal from a judgment of conviction of the Supreme Court of the District of Columbia in a criminal prosecution for adultery. The Court in tbe opinion stated tbe facts as follows: Appeal from a judgment in the supreme court of the District, where the defendant, Raymond O. Kleindienst, was convicted upon the two counts of an indictment charging him with adultery with Margaret Stout. The case was called for trial on May 7, 1915, and thereupon defendant filed motions asking either that it he certified to another division of the court, or that a jury panel he required to be…
1DissentChief Justice Smyth
I cannot consent to that part of the decision of the court ordering a new trial.
Of course the defendant was entitled to a fair trial. This *203goes without saying. But a fair trial is one in obedience to the law of the land, and if he had such a trial he has no just cause for complaint.
According to defendant’s affidavit, which we must assume was made as strong as the facts would permit (Stephen v. Beall, 22 Wall. 329, 339, 22 L. ed. 786, 788), the only testimony given in the Slout Case with respect to him was to the effect that he had frequented the Stout woman’s house, and had on one occasion…
2Cases cited23 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Spies v. IllinoisSupreme Court of the United States · 1887
- Bear Lake & River Water Works & Irrigation Co. v. GarlandSupreme Court of the United States · 1896
- Sturges v. CarterSupreme Court of the United States · 1885
- Alexander v. United StatesSupreme Court of the United States · 1891
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