Brasfield v. United States, No. 243
| Court | United States Supreme Court |
| Writing for the Court | STONE |
| Citation | 71 L.Ed. 345,272 U.S. 448,47 S.Ct. 135 |
| Decision Date | 22 November 1926 |
| Docket Number | No. 243 |
| Parties | BRASFIELD et al. v. UNITED STATES |
v.
UNITED STATES.
Mr. John W. Preston, of San Franciso, Cal., for petitioners.
Page 449
Mr. Assistant Attorney General Donovan and the Attorney General, for the United States.
Mr. Justice STONE delivered the opinion of the Court.
Petitioners were convicted in the District Court for northern California of the offense (section 37 of the Criminal Code (Comp. St. § 10201)) of conspiracy to possess and transport intoxicating liquors in violation of the National Prohibition Act (Comp. St. § 10138 1/4 et seq.). The conviction was affirmed by the Circuit Court of Appeals for the Nith Circuit. 8 F. (2d) 472. This court granted certiorari. 269 U. S. 550, 46 S. Ct. 201, 70 L. Ed. 407; Judicial Code, § 240(a) as amended (Comp. St. § 1217).
The only errors assigned which are pressed upon us concern proceedings had upon the recall of the jury after its retirement. The jury having failed to agree after some hours of deliberation, the trial judge inquired how it was divided numerically, and was informed by the foreman that it stood nine to three, without indicating which number favored a conviction.
In Burton v. United States, 196 U. S. 283, 307, 25 S. Ct. 243, 49 L. Ed 482, where a conviction was reversed on other grounds, this court condemned the practice of inquiring of a jury, unable to agree, the extent of its numerical division, although a response indicating the vote in favor of or against conviction was neither sought nor obtained. This court then said (page 308 (25 S. Ct. 250)):
'* * * We do not think that the proper administration of the law requires such knowledge or permits such a question on the part of the presiding judge.'
There is a diversity of view in the Circuit Courts of Appeals whether noncompliance with the rule as stated in the Burton Case is reversible error, or whether the expressions in that opinion are hortatory only. See St. Louis & S. F. R. R. v. Bishard (C. C. A. 8th), 147 F. 496, 78 C. C. A. 62; Stewart v. United States (C. C. A. 8th), 300 F. 769, 782 et seq.; Nigro v. United States (C. C. A. 8th), 4 F.
Page 450
(2d) 781, holding that the inquiry requires a reversal. And compare Bernal v. United States (C. C. A. 5th), 241 F. 339, 342, 154 C. C. A. 219; Quong Duck v. United States (C. C. A. 9th), 293 F. 563, 564, supporting the view that the practice, while improper, is not prejudicial...
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Lowenfield v. Phelps, No. 86-6867
...since the supplemental instruction given in this case did not require the jury to reach a decision. Similarly, Brasfield v. United States, 272 U.S. 448, 47 S.Ct. 135, 71 L.Ed. 345 (1926), cannot help petitioner, since the questions asked the jury here did not require it to reveal the nature......
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Williams v. Cavazos, No. 07–56127.
...Id., 131 Cal.Rptr. 782, 552 P.2d at 745–747. 13. In this respect, Cleveland was a California equivalent of Brasfield v. United States, 272 U.S. 448, 47 S.Ct. 135, 71 L.Ed. 345 (1926) or Jenkins v. United States, 380 U.S. 445, 85 S.Ct. 1059, 13 L.Ed.2d 957 (1965) (per curiam), cases in which......
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Booth-El v. Nuth, No. CIV.A. CCB-97-1252.
...coercion are not present in this case.29 Judge Angeletti did not know the numerical division of the jury. See Brasfield v. United States, 272 U.S. 448, 449-50, 47 S.Ct. 135, 135-36, 71 L.Ed. 345 (1926) (finding that questioning by judge as to numerical division of jury was improper). The ch......
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State v. O'Neill
...verdict." There was no indication then or thereafter of the nature or number of the division of the jury. See Brasfield v. United States, 272 U.S. 448, 47 S.Ct. 135, 71 L.Ed. 345 (1926). Initially, we point out that the trial judge clearly and articulately instructed the jury just prior to ......
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Lowenfield v. Phelps, No. 86-6867
...since the supplemental instruction given in this case did not require the jury to reach a decision. Similarly, Brasfield v. United States, 272 U.S. 448, 47 S.Ct. 135, 71 L.Ed. 345 (1926), cannot help petitioner, since the questions asked the jury here did not require it to reveal the nature......
-
Williams v. Cavazos, No. 07–56127.
...Id., 131 Cal.Rptr. 782, 552 P.2d at 745–747. 13. In this respect, Cleveland was a California equivalent of Brasfield v. United States, 272 U.S. 448, 47 S.Ct. 135, 71 L.Ed. 345 (1926) or Jenkins v. United States, 380 U.S. 445, 85 S.Ct. 1059, 13 L.Ed.2d 957 (1965) (per curiam), cases in which......
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Booth-El v. Nuth, No. CIV.A. CCB-97-1252.
...coercion are not present in this case.29 Judge Angeletti did not know the numerical division of the jury. See Brasfield v. United States, 272 U.S. 448, 449-50, 47 S.Ct. 135, 135-36, 71 L.Ed. 345 (1926) (finding that questioning by judge as to numerical division of jury was improper). The ch......
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State v. O'Neill
...There was no indication then or thereafter of the nature or number of the division of the jury. See Brasfield v. United States, 272 U.S. 448, 47 S.Ct. 135, 71 L.Ed. 345 (1926). Initially, we point out that the trial judge clearly and articulately instructed the jury just prior to the "......