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Stirone v. United States, 361 U.S. 212 (1960)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Stirone v. United States, 361 U.S. 212 (1960)
Stirone v. United States No. 35. Argued November 9-10, 1959 Decided January 11, 1960 361 U.S. 212
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
Petitioner was indicted and convicted in a Federal District Court for interfering with interstate commerce by extortion, in violation of the Hobbs Act, 18 U.S.C. § 1951. The only interstate commerce mentioned in the indictment was the importation into Pennsylvania of sand to be used in building a steel plant there, but the trial judge permitted the introduction of evidence to show interference also with the exportation from Pennsylvania of steel to be manufactured in the new plant, and he instructed the jury that it could base a conviction upon interference with either the importation of sand or the exportation of steel.
Held: The conviction is reversed. Pp. 213-219.
(a) Since the indictment did not charge interference with the exportation of steel from the State, it was prejudicial error to submit to the jury the question whether the extortion interfered with the exportation of steel. Pp. 215-219.
(b) The variance between pleading and proof here involved was not insignificant, and may not be dismissed as harmless error, because it deprived petitioner of his substantial right to be tried for a felony only on charges presented in an indictment returned by a grand jury. Pp. 217-218.
(c) Since the jury might have based the conviction on a finding of interference with the exportation of steel, the conviction must be reversed. P. 219.
262 F.2d 571, reversed.
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Chicago:
U.S. Supreme Court, "Syllabus," Stirone v. United States, 361 U.S. 212 (1960) in 361 U.S. 212 361 U.S. 213. Original Sources, accessed July 2, 2025, http://www.originalsources.com/Document.aspx?DocID=7EUB5VJ4EN12RXS.
MLA:
U.S. Supreme Court. "Syllabus." Stirone v. United States, 361 U.S. 212 (1960), in 361 U.S. 212, page 361 U.S. 213. Original Sources. 2 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=7EUB5VJ4EN12RXS.
Harvard:
U.S. Supreme Court, 'Syllabus' in Stirone v. United States, 361 U.S. 212 (1960). cited in 1960, 361 U.S. 212, pp.361 U.S. 213. Original Sources, retrieved 2 July 2025, from http://www.originalsources.com/Document.aspx?DocID=7EUB5VJ4EN12RXS.
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