Schwartz v. Texas (344 U.S. 199)
U.S. Supreme Court · decided December 15, 1952 · Supreme Court Database (Spaeth)
- Citation
- 344 U.S. 199 · 73 S. Ct. 232
- Decided
- December 15, 1952
- Term
- October Term 1952
- Vote
- 8–1
- Majority author
- Justice Minton
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Minton delivered the opinion of the Court. The petitioner, Schwartz, a pawnbroker, entered into a conspiracy with Jarrett and Bennett whereby the latter two were to rob places to be designated by Schwartz and bring the loot to him to dispose of and divide the proceeds with them. Pursuant to the plan, Jarrett and Bennett robbed a woman in Dallas, Texas, of her valuable jewels and brought the loot to the petitioner. After the petitioner repeatedly delayed settlement with the robbers, the thieves finally fell out, which proved very helpful to the police. The petitioner tipped off the police where they could find Jarrett. After Jarrett had been in jail about two weeks, he consented to telephone the petitioner from the sheriff’s office. With the knowledge and consent of Jarrett, a professional operator set up an induction coil connected to a recorder amplifier which enabled the operator to overhear and simultaneously to record the telephone conversations between Jarrett and the petitioner. These records were used as evidence before the jury that tried and convicted the petitioner as an accomplice to the crime of robbery. The records, admitted only after Jarrett and the petitioner had testified, corroborated Jarrett and discredited the petitioner. The Court of Criminal Appeals of Texas upheld the conviction, - Tex. Cr. R. -, 246 S. W. 2d 174, rehearing denied, — Tex.…
Excerpt of a 10,231-character opinion. The full text and citation network load in the interactive viewer above.