Sapir v. United States (348 U.S. 373)
U.S. Supreme Court · decided March 7, 1955 · Supreme Court Database (Spaeth)
- Citation
- 348 U.S. 373 · 75 S. Ct. 422
- Docket
- No. 534
- Decided
- March 7, 1955
- Term
- October Term 1954
- Vote
- 8–0
- Issue area
- Criminal Procedure
- Disposition
- Vacated
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Warren, Justice Black, Justice Douglas (wrote a concurrence), Justice Clark, Justice Frankfurter, Justice Burton, Justice Reed, Justice Minton
Opinion excerpt
Per Curiam. The petition for writ of certiorari is granted. We believe that the judgment of the Court of Appeals of October 20, 1954, reversing and remanding this cause with instructions to dismiss the indictment was correct. It is not necessary for us to pass on the question presented under its subsequent judgment of November 17, 1954, directing a new trial. We vacate the latter judgment, which directed the new trial, and we reinstate the former one which instructed the trial court to dismiss the indictment. Mr. Justice Douglas, concurring. Petitioner was convicted by the jury of a conspiracy to defraud the United States. Petitioner moved for a judgment of acquittal. The District Court denied the motion. On appeal, the Court of Appeals held that that motion should have been granted, as the evidence was insufficient to convict. 216 F. 2d 722. It accordingly reversed and remanded the cause with instructions to dismiss the indictment. Later, the Government moved to amend the judgment so as to grant a new trial on the ground of newly discovered evidence. The Court of Appeals granted the motion of the Government. The granting of a new trial after a judgment of acquittal for lack of evidence violates the command of the Fifth Amendment that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” The correct rule was stated in Kepner v. United…
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