United States v. Jackson, Crim. No. 11829.

CourtUnited States District Courts. 2nd Circuit. United States District Court (Connecticut)
Citation262 F. Supp. 716
Decision Date09 January 1967
Docket NumberCrim. No. 11829.
PartiesUNITED STATES of America v. Charles JACKSON, also known as "Batman", also known as "Butch", Glenn Walter Alexander De La Motte, and John Albert Walsh, Jr.

262 F. Supp. 716

UNITED STATES of America
v.
Charles JACKSON, also known as "Batman", also known as "Butch", Glenn Walter Alexander De La Motte, and John Albert Walsh, Jr.

Crim. No. 11829.

United States District Court D. Connecticut.

January 9, 1967.


Jon O. Newman, U. S. Atty., Hartford, Conn., Samuel J. Heyman, Asst. U. S. Atty., and Robert D. Glass, Asst. U. S. Atty., New Haven, Conn., for the United States.

Stephen I. Traub, of Lynch & Traub, New Haven, Conn., and Steven B. Duke, Yale Law School, New Haven, Conn., court-appointed counsel for defendant Jackson.

Ira B. Grudberg, of Jacobs, Jacobs, Jacobs & Jacobs, New Haven, Conn., for defendant Walsh.

Arnold M. Stein, of Stein & Einhorn, Denville, N. J., and Raymond A. Brown, Jersey City, N. J., for defendant De La Motte.

TIMBERS, Chief Judge.

QUESTION PRESENTED

Defendants' motions to dismiss count one of the indictment, pursuant to Rule 12, Fed.R.Crim.P., made before entry of pleas, present what the Court believes to be a substantial question as to whether 18 U.S.C. § 1201(a), a part of the Federal Kidnaping Act, is unconstitutional to the extent that it impairs defendants' free exercise of their Sixth Amendment right to trial by jury.

The Court holds that the section of the statute here applicable to defendants who are about to be put to plea thereunder does violate their Sixth Amendment right. Accordingly, defendants' motions to dismiss count one of the indictment are granted, subject to the stay of proceedings hereinafter provided to permit the United States to appeal directly to the Supreme Court of the United States.

262 F. Supp. 717

INDICTMENT

The indictment, returned by a grand jury in the District of Connecticut on October 10, 1966, charges each of the three named defendants with two counts. Count one charges that on or about September 2, 1966 defendants transported from Milford, Connecticut, to Alpine, New Jersey, one John Joseph Grant, III, the kidnaped victim, who was harmed when liberated, in violation of 18 U.S.C. § 1201(a). Count two charges that on or about September 2, 1966 defendants transported a stolen motor vehicle from Milford, Connecticut, to New York City, in violation of 18 U.S.C. § 2312.1

STATUTE

Count one of the indictment is founded upon 18 U.S.C. § 1201(a), which provides in pertinent part as follows:

"Whoever knowingly transports in interstate * * * commerce, any person who has been unlawfully seized, * * * kidnaped, * * * or carried away and held for ransom or reward or otherwise, * * * shall be punished (1) by death if the kidnaped person has not been liberated unharmed, and if the verdict of the jury shall so recommend, or (2) by imprisonment for any term of years or for life, if the death penalty is not imposed." (Emphasis added)

This statute creates an offense which calls for capital punishment upon recommendation of the jury, if proof of harm is introduced at the trial.2 That the government intends to prove harm in the instant case is clearly indicated by the language of count one,3 which charges that the kidnaped victim "was harmed when liberated". Imposition of the death penalty turns upon the jury's recommendation. Under the terms of the statute, the...

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20 practice notes
  • State v. Spence, No. 658
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • December 11, 1968
    ...the entire Act unconstitutional and quashed the portion of the indictment that charged a violation thereof. United States v. Jackson, 262 F.Supp. 716 (D.Conn.1967). On direct appeal by the Government, the Supreme Court of the United States reversed the judgment of the district court and rem......
  • State v. Forcella, Nos. A--147
    • United States
    • United States State Supreme Court (New Jersey)
    • July 3, 1968
    ...bad that no more need be said. The statute was held invalid by the trial court in those elementary terms. United States v. Jackson, 262 F.Supp. 716 Our homicide statute harbors no such problem. The death penalty does not depend upon whether the not-guilty plea is tried with or without a jur......
  • Nieves v. United States, No. 67 Civ. 2399.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 5, 1968
    ...Garrity v. New Jersey, supra; Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965); United States v. Jackson, 262 F.Supp. 716 (D.Conn.), prob. juris. noted, 387 U.S. 929, 87 S.Ct. 2050, 18 L.Ed.2d 989 These two rules are merely different statements of the following fund......
  • United States v. Braunstein, Crim. No. 78-111.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • July 3, 1979
    ...and a motion for severance (on other grounds) had been denied. The court saw no unusual difficulties or complexities. U. S. v. Jackson, 262 F.Supp. 716 (D-Conn., 1967) was a three defendant case under the Federal Kidnapping Act, and carried a risk of the death penalty if the jury so recomme......
  • Request a trial to view additional results
20 cases
  • State v. Spence, No. 658
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • December 11, 1968
    ...the entire Act unconstitutional and quashed the portion of the indictment that charged a violation thereof. United States v. Jackson, 262 F.Supp. 716 (D.Conn.1967). On direct appeal by the Government, the Supreme Court of the United States reversed the judgment of the district court and rem......
  • State v. Forcella, Nos. A--147
    • United States
    • United States State Supreme Court (New Jersey)
    • July 3, 1968
    ...bad that no more need be said. The statute was held invalid by the trial court in those elementary terms. United States v. Jackson, 262 F.Supp. 716 Our homicide statute harbors no such problem. The death penalty does not depend upon whether the not-guilty plea is tried with or without a jur......
  • Nieves v. United States, No. 67 Civ. 2399.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 5, 1968
    ...Garrity v. New Jersey, supra; Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965); United States v. Jackson, 262 F.Supp. 716 (D.Conn.), prob. juris. noted, 387 U.S. 929, 87 S.Ct. 2050, 18 L.Ed.2d 989 These two rules are merely different statements of the following fund......
  • United States v. Braunstein, Crim. No. 78-111.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • July 3, 1979
    ...and a motion for severance (on other grounds) had been denied. The court saw no unusual difficulties or complexities. U. S. v. Jackson, 262 F.Supp. 716 (D-Conn., 1967) was a three defendant case under the Federal Kidnapping Act, and carried a risk of the death penalty if the jury so recomme......
  • Request a trial to view additional results

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