United States Supreme Court Cases & Opinions

U.S. Supreme Court

Shields v. United States, 273 U.S. 583 (1927)

Shields v. United States

No. 944

Petition submitted March 21, 1927

Decided April 11, 1927

273 U.S. 583

Syllabus

1. Where a respondent to a petition for certiorari advises the Court that he can find no ground for opposition, and therefore will file no opposing brief, and, if the writ issues, will submit the case without further hearing, the Court, upon granting the writ, may proceed at once to a decision of the merit. P. 273 U. S. 587.

2. A request in chambers, joined in by the district attorney and counsel for defendant in a criminal case, that the jury be held in deliberation until they should agree upon a verdict should not be construed as authorizing the judge, out of court, and without the presence of the defendants or their counsel, to receive from the jury a verdict announcing their findings of agreement as to some and disagreement as to other defendants, and to return a written instruction that they also find guilty or not guilty those as to whom they had disagreed. P. 273 U. S. 587.

3. When a jury has retired to consider its verdict, written instructions should not be sent without notice to the defendant or his counsel. P. 273 U. S. 588.

17 F.2d 69 reversed.

Petition for a writ of certiorari to review a judgment of the circuit court of appeals affirming a conviction of conspiracy to violate the Prohibition Act. For reasons explained in the opinion, granting of the writ is accompanied by a disposition of the case under it.