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UNITED STATES V. BAYER, 331 U. S. 532 (1947)

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U.S. Supreme Court

United States v. Bayer, 331 U.S. 532 (1947)

United States v. Bayer

No. 606

Argued April 2, 1947

Decided June 9, 1947

331 U.S. 532


1. When a judge's charge to a jury is accurate and correct, the extent of its amplification rests in his discretion, and the fact that the charge is unusually brief does not make it a reversible error where there is no evidence that the jury misunderstood it. Pp. 331 U. S. 536-537.

2. In the circumstances of this case, it was not reversible error to refuse to admit in evidence an unsworn unverified long distance call slip from the telephone company records four hours after the case had been submitted to the jury, even if its exclusion would have been prejudicial error had the offer been timely and properly verified. Pp. 331 U. S. 537-539.

3. The fact that an army officer had made a confession under circumstances precluding its use in evidence against him did not preclude the use in evidence against him of a second confession made voluntarily six months later after fair warning that it might be used against him and when he was under no restraint except that he could not leave his base limits without permission -- even though the second confession was but an elaboration of the first. Pp. 331 U. S. 539-541.

4. Conviction by court-martial for violating the 95th and 96th Articles of War, by conduct unbecoming an officer and gentleman and conduct prejudicial to good order and military discipline, does not bar, on the ground of double jeopardy, another trial in a civil court for a conspiracy to defraud the Government by depriving it of the faithful services of an army officer in violation of 18 U.S.C. § 88, since the two offenses are not the same even though they arise out of the same facts. Pp. 331 U. S. 541-543.

156 F.2d 964 reversed. chanroblesvirtualawlibrary

Page 331 U. S. 533

Respondents were convicted in a District Court of conspiracy to defraud the Government by depriving it of the faithful services of an army officer in violation of 18 U.S.C. § 88. The Circuit Court of Appeals reversed. 156 F.2d 964. This Court granted certiorari. 329 U.S. 706. Reversed, p. 331 U. S. 543.

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