Smith v. United States

Summary

Chief Justice Warren's opinion held that the Federal Kidnapping Act creates a single offense potentially punishable by death and that a charge broad enough to support capital punishment must be prosecuted by indictment under Rule 7(a), even if the victim was actually released unharmed. Smith's waiver did not authorize prosecution by information or confer power on the convicting court. The Court reversed and remanded with instructions to dismiss the information, without reaching the due process questions. Justice Clark, joined by Justices Harlan and Stewart, concurred in part and dissented in part. He would permit prosecution by information for noncapital kidnapping and require an indictment specifically alleging harm before capital punishment could be sought. He nevertheless would reverse under the Court's supervisory authority because of the judge's private pre-plea conference with an FBI agent, allowing Smith to withdraw his guilty plea and stand trial on the information.