United States v. Bayer et al. (331 U.S. 532)
U.S. Supreme Court · decided June 9, 1947 · Supreme Court Database (Spaeth)
- Citation
- 331 U.S. 532 · 67 S. Ct. 1394
- Decided
- June 9, 1947
- Term
- October Term 1946
- Vote
- 7–2
- Majority author
- Justice Jackson (R.H.)
- Issue area
- Civil Rights
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Jackson delivered the opinion of the Court. This is a sordid three-sided case. The Government charged all of the defendants with conspiring to defraud by depriving it of the faithful services of an Army officer. 18 U. S. C. § 88, 35 Stat. 1096. The defendant Radovich, the officer in question, admits receipt of money from the other defendants and admits the questioned actions but denies the conspiracy, claiming the others induced him to accept a bribe. The defendants Bayer admit payment of the money but claim they were victims of extortion by Radovich. The jury found all guilty but recommended “the highest degree of clemency for all three defendants.” The Court of Appeals for the Second Circuit reversed. We granted the Government’s petition for certiorari. The principal facts are admitted and it is contested inferences which are decisive of the issue of guilt. None of the defendants testified. It would serve no purpose to review the evidence in detail. It justifies finding as follows: The Bayer brothers were manufacturers of yarn and thread and bore good names in their circle. Samuel had three sons in the service. One of them, Martin, with Melvin Usdan, a nephew of both Bayers, was involved in this case. Martin’s health had not been robust. These two boys enlisted in the Air Corps on the day which Samuel had learned was the last on which a volunteer could select…
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