Supreme Court of the United States, 1971

Johnson v. United States

Supreme Court of the United States · Decided April 5, 1971 · Stewart, Douglas

401 U.S. 846; 91 S. Ct. 1258; 28 L. Ed. 2d 523; 1971 U.S. LEXIS 62; 27 A.F.T.R.2d (RIA) 1006 (United States Reports)

Opinion of the Court

Per Curiam.

The writ of certiorari is dismissed as improvidently granted.

The Chief Justice took no part in the consideration or decision of this case.

Dissenting Opinion

Mr. Justice Stewart, with whom Mr. Justice Douglas joins,

dissenting.

In the petitioner’s trial on a charge of rape, the District Judge instructed the jury that it could return a verdict of guilty with the death penalty. Yet that verdict was constitutionally impermissible in light of this Court’s decision in United States v. Jackson, 390 U. S. 570. See Bailey v. United States, 132 U. S. App. D. C. 82, 86 and n. 3, 405 P. 2d 1352, 1356 and n. 3. I think the extreme prejudice arising from this erroneous instruction requires reversal of the judgment of conviction and a remand of this case for a new trial. Cf. Price v. Georgia, 398 U. S. 323, 331-332.

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