WOODY
v.
UNITED STATES

U.S. | 1959-03-23
No. 135
Mr. Justice Stewart took no part in the consideration or decision of this, case.
359 U.S. 118 Supreme Court of the United States (1959) Caution
Also reported at: 3 L. Ed. 2d 673 · 79 S. Ct. 721 · 1959 U.S. LEXIS 1304 · SCDB 1958-064
Cited by 54 cases

Per_curiam
Per Curiam.

Per Curiam.

The judgment is affirmed by an equally divided Court.

Mr. Justice Stewart took no part in the consideration or decision of this, case.


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Cited By (16 total)

  • United States v. Stromberg, 268 F.2d 256 (2d Cir. 1959)
    …a convicted criminal awaiting sentence. Upon objection, however, the judge again gave the jury an appropriate admonition. To support their attack on the conduct of the prosecutor, counsel cites Handford v. United States, 359 U.S. 120, 79 S.Ct. 722, 3 L.Ed.2d 673 in which the decision reported in 5 Cir., 260 F. 2d 890 was reversed in a brief Per Curiam, “[u]pon consideration of the entire record and the confession of error by the Solicitor General.” Counsel have made available to us the Solicitor General’s m…
  • United States v. Pearce, 275 F.2d 318 (7th Cir. 1960)
    …en rejected by the courts. Doll v. Johnston, 9 Cir., 95 F. 2d 838; Lindsay v. United States, 10 Cir., 134 F. 2d 960, 961; Pifer v. United States, 4 Cir., 158 F. 2d 867, 868, and Woody v. United States, 6 Cir., 258 F. 2d 535, 536, affirmed per curiam 359 U.S. 118, 79 S.Ct. 721, 3 L.Ed.2d 673. The question decided in those cases is precisely the same as that raised here, and the reasoning employed and result reached are of compelling force. The defendants’ contention on this point is rejected. As previously…
  • United States v. Ploof, 464 F.2d 116 (2d Cir. 1972)
    …v. Thompson, 442 F. 2d 1333 (6 Cir. 1971); Linkenauger v. United States, 357 F. 2d 925 (6 Cir. 1966); United States v. Lankford, 296 F. 2d 34 (4 Cir. 1961); Woody v. United States, 258 F. 2d 535, 536 (6 Cir. 1957), aff’d by an equally divided Court, 359 U.S. 118 (1959); Madsen v. United States, 165 F. 2d 507, 510 (10 Cir. 1947). We would see no reason for not following the other Circuits on this issue even if appellants had been convicted of substantive offenses under both § 2312 and § 2313. IV. Finally,…

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