Supreme Court of the United States, 1962

Marakar v. United States

Marakar v. United States
Supreme Court of the United States · Decided June 25, 1962 · Frankfurter
370 U.S. 723; 82 S. Ct. 1573; 8 L. Ed. 2d 803; 1962 U.S. LEXIS 859 (United States Reports)

Marakar v. United States

Opinion

Per Curiam.

The motions for leave to proceed in forma pauperis are granted. On motion of the Solicitor General and upon an examination of the entire record, the petitions for writs of certiorari are granted, the judgments are vacated, and the causes are remanded to the United States District Court for the District of New Jersey with directions to dismiss the indictments.

Mr. Justice Black, Mr. Justice Douglas, and Mr. Justice Brennan join the Court’s disposition because they believe that the Double Jeopardy Clause of the Fifth Amendment was an insurmountable barrier to the prosecution of these petitioners under the separate indictments returned on April 26,1961, charging each petitioner with a substantive offense of illegally bringing opium into this country. See Abbate v. United States, 359 U. S. 187, 196 (separate opinion); cf. Petite v. United States, 361 U. S. 529, 533 (dissenting opinion).

Mr. Justice Frankfurter took no part in the consideration or decision of these cases.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.