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UNITED STATES V. BALLARD, 322 U. S. 78 (1944)

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U.S. Supreme Court

United States v. Ballard, 322 U.S. 78 (1944)

United States v. Ballard

No. 472

Argued March 3, 6, 1944

Decided April 24, 1944

322 U.S. 78


Upon an indictment charging use of the mails to defraud, and conspiracy so to do, respondents were convicted in the District Court. The indictment charged a scheme to defraud through representations -- involving respondents' religious doctrines or beliefs -- which were alleged to be false and known by the respondents to be false. Holding that the District Court had restricted the jury to the issue of respondents' good faith and that this was error, the Circuit Court of Appeals reversed and granted a new trial.


1. The only issue submitted to the jury by the District Court was whether respondents believed the representations to be true. P. 322 U. S. 84.

2. Respondents did not acquiesce in the withdrawal from the jury of the issue of the truth of their religious doctrines or beliefs, and are not barred by the rule of Johnson v. United States, 318 U. S. 189, from reasserting here that no part of the indictment should have been submitted to the jury. P. 322 U. S. 85.

3. The District Court properly withheld from the jury all questions concerning the truth or falsity of respondents' religious beliefs or doctrines. This course was required by the First Amendment's guarantee of religious freedom. P. 322 U. S. 86.

The preferred position given freedom of religion by the First Amendment is not limited to any particular religious group or to any particular type of religion but applies to all. P. 322 U. S. 87.

4. Respondents may urge in support of the judgment of the Circuit Court of Appeals points which that court reserved, but, since these were not fully presented here either in the briefs or oral argument, they may more appropriately be considered by that court upon remand. P. 322 U. S. 88.

138 F.2d 540 reversed.

Certiorari, 320 U.S. 733, to review the reversal of convictions for using the mails to defraud and conspiracy. chanroblesvirtualawlibrary

Page 322 U. S. 79

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