Andres v. United States (333 U.S. 740)
U.S. Supreme Court · decided April 26, 1948 · Supreme Court Database (Spaeth)
- Citation
- 333 U.S. 740 · 68 S. Ct. 880
- Docket
- No. 431
- Argued
- February 5, 1948
- Decided
- April 26, 1948
- Term
- October Term 1947
- Vote
- 9–0
- Majority author
- Justice Reed
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Vinson, Justice R. H. Jackson, Justice Douglas, Justice Reed (wrote), Justice Black, Justice Rutledge, Justice Murphy
- Concurring in the judgment
- Justice Burton, Justice Frankfurter (wrote)
Opinion excerpt
Mr. Justice Reed delivered the opinion of the Court. On December 17,1943, the petitioner, Timoteo Mariano Andres, was indicted in the United States District Court for the Territory of Hawaii for murder in the first degree. 18 U. S. C. §§ 451, 452. The indictment recited that Andres “on or about the 23rd day of November, 1943, at Civilian Housing Area No. 3, Pearl Harbor, Island of Oahu, said Civilian Housing Area No. 3 being on lands reserved or acquired for the use of the United States of America . . . did . . . kill . . . Carmen Garni Saguid . . . .” Andres was tried before a jury which returned this verdict: “We, the Jury, duly empaneled and sworn in the above entitled cause, do hereby find the defendant, Timoteo Mariano Andres, guilty of murder in the first degree.” He was sentenced to death by hanging. He appealed his conviction to the Circuit Court of Appeals for the Ninth Circuit. That court affirmed the judgment of the lower court, unanimously. 163 F. 2d 468. A petition for a writ of certiorari was filed in this Court and that petition was granted. 332 U. S. 843. Four questions were presented in the petition for cer-tiorari. Three of these we do not consider of sufficient doubt or importance to justify an extended discussion. We shall dispose of them before we reach what is, for us, the decisive issue of this case. Andres contends that 18 U. S. C. § 567, as…
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