Marshall v. United States, No. 383

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; BLACK
PartiesHoward R. MARSHALL, Petitioner, v. UNITED STATES of America
Docket NumberNo. 383
Decision Date15 June 1959

360 U.S. 310
79 S.Ct. 1171
3 L.Ed.2d 1250
Howard R. MARSHALL, Petitioner,

v.

UNITED STATES of America.

No. 383.
Argued March 25, 26, 1959.
Decided June 15, 1959.

Messrs. George J. Francis, Frances De Lost, Omer Griffin, Denver, Colo., for petitioner.

Mr. James W. Knapp, Washington, D.C., for respondent.

PER CURIAM.

Petitioner was convicted of unlawfully dispensing a number of dextro amphetamine sulfate tablets, a drug within the scope of 21 U.S.C. § 353(b)(1) (B), 21 U.S.C.A. § 353(b)(1)(B), without a prescription from a licensed physician, which resulted in misbranding and violation of 21 U.S.C. § 331(k), 21 U.S.C.A. § 331(k). The Court of Appeals affirmed, one judge dissenting, 258 F.2d 94. The case is here on a petition for certiorari, 28 U.S.C. § 1254(1), 28 U.S.C.A. § 1254(1), which we granted because of doubts

Page 311

whether exposure of some of the jurors to newspaper articles about petitioner was so prejudicial in the setting of the case as to warrant the exercise of our supervisory power to order a new trial. 358 U.S. 892, 79 S.Ct. 153, 3 L.Ed.2d 120.

Petitioner never took the stand; nor did he offer any evidence. A government agent testified that he was introduced to petitioner as a salesman who had difficulty staying awake on long automobile trips and that on two occasions he obtained these tablets from petitioner. Petitioner asked the trial judge to rule there was entrapment as a matter of law. The judge refused so to hold and submitted the issue of entrapment with appropriate instructions to the jury. Cf. Masciale v. United States, 356 U.S. 386, 78 S.Ct. 827, 2 L.Ed.2d 859. The Government asked to be allowed to prove that petitioner had previously practiced medicine without a license, as tending to refute the defense of entrapment. The trial judge refused this offer saying, 'It would be just like offering evidence that he picked pockets or was a petty thief or something of that sort which would have no bearing on the issue and would tend to raise a collateral issue and I think would be prejudicial to the defendant.'

Yet during the trial two newspapers containing such information got before a substantial number of jurors, one news account said:

'Marshall has a record of two previous felony convictions.

'In 1953, while serving a forgery sentence in the State Penitentiary at McAlester, Okla., Marshall testified before a state legislative committee studying new drug laws for Oklahoma.

'At that time, he told the...

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585 practice notes
  • Bowers v. Walsh, No. 00-CV-6459L.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • July 22, 2003
    ...effect. See, e.g., Murphy v. Florida, 421 U.S. 794, 797, 798, 95 S.Ct. 2031, 44 L.Ed.2d 589 (1975); compare Marshall v. United States, 360 U.S. 310, 311-13, 79 S.Ct. 1171, 3 L.Ed.2d 1250 (1975). Such collateral references nevertheless may prejudice his case; this is particularly true when t......
  • United States v. Agueci, No. 99
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 8, 1962
    ...such obviously inflammatory and inadmissible matter as the prior criminal record of the defendant, see, e. g., Marshall v. United States, 360 U.S. 310, 79 S.Ct. 1171, 3 L.Ed.2d 1250 (1959), or clearly incriminatory out-of-court conduct, see, e. g., United States v. Leviton, 193 F.2d 848 (2d......
  • United States v. Bowen, Criminal Action No. 10–204.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • September 17, 2013
    ...Court's supervisory authority to a wide variety of cases, preferring instead to treat each case on its particular facts. Marshall v. U.S., 360 U.S. 310, 79 S.Ct. 1171, 3 L.Ed.2d 1250 (1959); Grunewald v. U.S., 353 U.S. 391, 424, 77 S.Ct. 963, 1 L.Ed.2d 931 (1957). While it is true that an i......
  • Mastrian v. McManus, No. 76-1427
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 27, 1977
    ...333, 86 S.Ct. 1507, 16 L.Ed.2d 600 (1966); Irvin v. Dowd, 366 U.S. 717, 81 S.Ct. 1639, 6 L.Ed.2d 751 (1961); Marshall v. United States, 360 U.S. 310, 79 S.Ct. 1171, 3 Page 817 L.Ed.2d 1250 (1959); In re Murchison, 349 U.S. 133, 75 S.Ct. 623, 99 L.Ed. 942 (1955); Patterson v. Colorado, 205 U......
  • Request a trial to view additional results
584 cases
  • Bowers v. Walsh, No. 00-CV-6459L.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • July 22, 2003
    ...effect. See, e.g., Murphy v. Florida, 421 U.S. 794, 797, 798, 95 S.Ct. 2031, 44 L.Ed.2d 589 (1975); compare Marshall v. United States, 360 U.S. 310, 311-13, 79 S.Ct. 1171, 3 L.Ed.2d 1250 (1975). Such collateral references nevertheless may prejudice his case; this is particularly true when t......
  • United States v. Agueci, No. 99
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 8, 1962
    ...such obviously inflammatory and inadmissible matter as the prior criminal record of the defendant, see, e. g., Marshall v. United States, 360 U.S. 310, 79 S.Ct. 1171, 3 L.Ed.2d 1250 (1959), or clearly incriminatory out-of-court conduct, see, e. g., United States v. Leviton, 193 F.2d 848 (2d......
  • United States v. Bowen, Criminal Action No. 10–204.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • September 17, 2013
    ...Court's supervisory authority to a wide variety of cases, preferring instead to treat each case on its particular facts. Marshall v. U.S., 360 U.S. 310, 79 S.Ct. 1171, 3 L.Ed.2d 1250 (1959); Grunewald v. U.S., 353 U.S. 391, 424, 77 S.Ct. 963, 1 L.Ed.2d 931 (1957). While it is true that an i......
  • Mastrian v. McManus, No. 76-1427
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 27, 1977
    ...333, 86 S.Ct. 1507, 16 L.Ed.2d 600 (1966); Irvin v. Dowd, 366 U.S. 717, 81 S.Ct. 1639, 6 L.Ed.2d 751 (1961); Marshall v. United States, 360 U.S. 310, 79 S.Ct. 1171, 3 Page 817 L.Ed.2d 1250 (1959); In re Murchison, 349 U.S. 133, 75 S.Ct. 623, 99 L.Ed. 942 (1955); Patterson v. Colorado, 205 U......
  • Request a trial to view additional results
1 books & journal articles
  • The Gag Order: Asphyxiating the First Amendment
    • United States
    • Political Research Quarterly Nbr. 34-3, September 1981
    • September 1, 1981
    ...defendants who were victims of such poor courtroommanagement, Cccrroll v. Texas, 392 U.S. 644 (1968); Estes (1965); and Marshallv. U.S., 360 U.S. 310 (1959), this research is primarily concerned with thepre-trial It is during this pre-trial stage that the Court performs a delicate balancing......

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