CONSTITUTIONAL LAW- RIGHT TO JURY TRIAL - PETTY STATUTORY OFFENSES

Roberton, James H.

Journal: Michigan Law Review

Volume: 35

First Page: 1377

Year: 1937

Bluebook Citation: 35 MICH. L. REV. 1377 (1937)

Author: James H. Roberton: all 4 publications


Abstract

The defendant was tried before the police court of the District of Columbia for selling, as a second-hand dealer, unused return-trip railroad tickets without a license, contrary to an Act of Congress. The act provides for a maximum penalty of $300 fine or ninety days in jail. The defendant was denied a jury trial. The Court of Appeals for the District of Columbia found the defendant entitled to a jury trial.

On appeal to the United States Supreme Court, it was held by a majority of the Court, that the Federal Constitution does not guarantee the defendant a jury trial in a prosecution for this offense. District of Columbia v. Clawans, (U.S. 1937) 57 S. Ct. 660.

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