Wheat v. Washington Aiken v. Washington, 1301

Decision Date01 October 1967
Docket NumberNo. 1535,No. 1301,M,1301,1535
Citation392 U.S. 652,20 L.Ed.2d 1357,88 S.Ct. 2302
PartiesAntonio Nathaniel WHEAT v. WASHINGTON. isc. Arthur Nathaniel AIKEN v. WASHINGTON. isc
CourtU.S. Supreme Court

Charles M. Stokes, for petitioner Antonio Nathaniel Wheat.

Anthony Savage, Jr., for petitioner Arthur Nathaniel Aiken.

James E. Kennedy, for respondent.

On Petitions for Writs of Certiorari to the Supreme Court of Washington.

PER CURIAM.

The motions for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments of the Supreme Court of Washington are vacated and the cases remanded to that court for reconsideration in the light of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476, and Witherspoon v. State of Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776.

Mr. Justice BLACK dissents.

Mr. Justice HARLAN dissents for the reasons stated in Mr. Justice Black's dissenting opinion in Witherspoon v. State of Illinois, 391 U.S. 510, 532, 88 S.Ct. 1770, 1782, and Mr. Justice White's dissenting opinion in Bruton v. United States, 391 U.S. 123, 138, 88 S.Ct. 1620, 1629.

Mr. Justice WHITE dissents for the reasons stated in his dissenting opinions in Witherspoon v. State of Illinois, 391 U.S. 510, 540, 88 S.Ct. 1770, 1786, and Bruton v. United States, 391 U.S. 123, 138, 88 S.Ct. 1620, 1629.

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18 cases
  • Martini ex rel. Dussault v. State
    • United States
    • Washington Court of Appeals
    • April 14, 2004
    ...The analysis and result of State v. Aiken, 72 Wash.2d 306, 434 P.2d 10 (1967), vacated on other grounds by Wheat v. Washington, 392 U.S. 652, 88 S.Ct. 2302, 20 L.Ed.2d 1387 (1968), is in accord with this general rule. Aiken's co-defendant, Wheat, unsuccessfully challenged a juror and then a......
  • United States ex rel. Ordog v. Yeager
    • United States
    • U.S. District Court — District of New Jersey
    • April 29, 1969
    ...v. La., Supreme Court of Louisiana; and Wade v. Yeager, in the Third Circuit Court of Appeals. 392 U.S. 652, 658 and 661, 88 S.Ct. 2302, 2281 and 2291, 20 L. Ed.2d 1357, 1347 and 1352. 4 Russell Rush pleaded non vult to Indictment No. 631-62 charging him with murder and to several other ind......
  • State v. Lee, 40548-2-II
    • United States
    • Washington Court of Appeals
    • June 5, 2012
    ...Wn.2d at 491 (quoting State v. Aiken, 72 Wn.2d 306, 349, 434 P.2d 10 (1967), vacated on other grounds by Wheat v. Washington, 392 U.S. 652, 88 S. Ct. 2302, 20 L. Ed. 2d 1357 (1968)). An accomplice need not have specific knowledge of every element of the crime committed by the principal, pro......
  • State v. Johnson
    • United States
    • Washington Court of Appeals
    • April 30, 2013
    ... STATE OF WASHINGTON, Respondent, v. DESMOND RAY JOHNSON, Appellant, STATE ... Aiken, 72 Wn.2d 306, 349, 434 P.2d 10 (1967), ... vacated on other grounds by Wheat v. Washington, 392 ... U.S. 652, 88 S.Ct. 2302, 20 ... ...
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