Supreme Court of the United States
Smith v. United States
June 8, 1959360 U.S. 1
Summary
The Court held that the kidnapping charge had to be prosecuted by indictment because the statute created a single offense punishable by death when the charge was broad enough to support a capital verdict, even if the victim was ultimately shown to have been released unharmed. The defendant's waiver of indictment and guilty plea therefore did not confer authority on the court, and the conviction was reversed with instructions to dismiss the information. Justice Clark, joined by Justices Harlan and Stewart, concurred in part and dissented in part, arguing that a noncapital kidnapping charge could proceed by information and that the private judicial interview independently required reversal.
Holding
- Whether the kidnapping charge had to be prosecuted by indictment. A charge under the kidnapping statute alleging transportation of a kidnapped person across state lines had to be prosecuted by indictment because it described an offense that may be punished by death. The defendant's waiver of indictment was ineffective, and the information did not confer jurisdiction on the convicting court.
- Whether the kidnapping statute created one offense or separate capital and noncapital offenses. The statute created a single offense of transporting a kidnapping victim across state lines, punishable by death if the specified proof of harm was introduced at trial; the possibility that the victim was released unharmed did not convert the charge into a noncapital offense that could be prosecuted by information.
Docket 90
Cited authorities
- 28 U.S.C. § 2255
- 18 U.S.C. § 1201
- 18 U.S.C. § 1201
- Fed. R. Crim. P., Rule 7
- 18 U.S.C. § 1201
- 18 U.S.C. § 3432
- 18 U.S.C. § 3235
- Fed. R. Crim. P., Rule 24