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United States v. Smith, 331 U.S. 469 (1947)
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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.
United States v. Smith, 331 U.S. 469 (1947)
United States v. Smith No. 498 Argued March 11, 1947 Decided June 2, 1947 331 U.S. 469
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. After a judgment of conviction has been affirmed by the Circuit Court of Appeals (upon an appeal in which the district court’s denial of a motion for a new trial was one of the errors assigned) and the defendant has begun service of the sentence, a federal district court is without power under Rule 33 of the Rules of Criminal Procedure to order a new trial sua sponte. Pp. 471-477.
2. Where, in such circumstances, a district court has ordered a new trial, the Government is entitled to writs of mandamus and prohibition from the Circuit Court of Appeals requiring that the order be vacated. Pp. 470, 477.
156 F.2d 642 reversed.
The Circuit Court of Appeals denied a petition by the United States for writs of mandamus and prohibition directed to the District Court and the Judges thereof. 156 F.2d 642. This Court granted certiorari. 329 U.S. 703. Reversed, p. 477.
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Chicago:
U.S. Supreme Court, "Syllabus," United States v. Smith, 331 U.S. 469 (1947) in 331 U.S. 469 331 U.S. 470. Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=G4A28RHTBXSSEQG.
MLA:
U.S. Supreme Court. "Syllabus." United States v. Smith, 331 U.S. 469 (1947), in 331 U.S. 469, page 331 U.S. 470. Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=G4A28RHTBXSSEQG.
Harvard:
U.S. Supreme Court, 'Syllabus' in United States v. Smith, 331 U.S. 469 (1947). cited in 1947, 331 U.S. 469, pp.331 U.S. 470. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=G4A28RHTBXSSEQG.
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