CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


BIHN V. UNITED STATES, 328 U. S. 633 (1946)

Subscribe to Cases that cite 328 U. S. 633 RSS feed for this section

U.S. Supreme Court

Bihn v. United States, 328 U.S. 633 (1946)

Bihn v. United States

No. 675

Argued March 26, 1946

Decided June 10, 1946

328 U.S. 633

Syllabus

1. Petitioner and one Bennett were tried before a jury for a conspiracy to violate the statute and regulations governing the rationing of gasoline. It was charged that petitioner would steal gasoline ration coupons from the bank where she was employed, transfer them to Bennett, and share with him the proceeds of their sale. The evidence was conflicting, and the case against petitioner was a close one. It appeared that she and three others had access to the box from which the coupons were stolen. Over objection of her counsel, the judge charged the jury: "Did she steal them? Who did if she didn't? You are to decide that." She was convicted.

Held that the probabilities of confusion in the minds of the jurors as to the burden of proof were so great and the charge was so vital to the crucial issue in the case as to constitute prejudicial error, and the conviction is reversed. Pp. 328 U. S. 636-639. chanroblesvirtualawlibrary

Page 328 U. S. 634

2. An erroneous ruling which relates to the substantial rights of a party is ground for reversal unless it affirmatively appears from the whole record that it was not prejudicial. P. 328 U. S. 638.

3. It is not enough for this Court to conclude that guilt may be deduced from the whole record, since such a course would lead to serious intrusions on the historic functions of the jury under our system of government. Bollenbach v. United States, 326 U. S. 607. Pp. 328 U. S. 638-639.

152 F.2d 342 reversed.

Petitioner was convicted under § 37 of the Criminal Code of a conspiracy to violate the statute and regulations governing the rationing of gasoline. The Circuit Court of Appeals affirmed. 152 F.2d 342. This Court granted certiorari. 327 U.S. 771. Reversed, p. 328 U. S. 639.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED