United States v. Wilson
- Not to be confused with "United States v. Wilson, 420 U.S. 332 (1975)", a case regarding double jeopardy on a directed verdict after jury conviction.
| United States v. Wilson |
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Argued January 18, 1833
Decided January 26, 1833 |
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| Full case name |
United States v. Wilson |
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| Citations |
32 U.S. 150 (more) 32 U.S. 7 Peters 150 (1833) |
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| Holding |
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A pardon cannot be recognized by a judge if it has not been brought judicially before the court by plea, motion, or otherwise. |
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| Majority |
Marshall |
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United States v. Wilson, 32 U.S. 150 (1833), was a case in the United States in which the defendant, George Wilson, was convicted of robbing the US Mail in Pennsylvania and sentenced to death. Due to his friends' influence, Wilson was pardoned by Andrew Jackson. Wilson, however, refused the pardon. The Supreme Court was thus asked to rule on the case.
The decision was that if the prisoner does not accept the pardon, it is not in effect: "A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance. It may then be rejected by the person to whom it is tendered; and if it is rejected, we have discovered no power in this court to force it upon him." Therefore, Wilson was hanged.[1]
References
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- Hurtado v. California (1884)
- Ex parte Wilson (1885)
- United States v. Petit (1885)
- Mackin v. United States (1886)
- Ex parte Bain (1887)
- Parkinson v. United States (1887)
- McNulty v. California (1893)
- Wong Wing v. United States (1896)
- Maxwell v. Dow (1900)
- Lem Woon v. Oregon (1913)
- United States v. Moreland (1922)
- Costello v. United States (1956)
- Lawn v. United States (1958)
- Green v. United States (1958)
- Stirone v. United States (1960)
- Beck v. Washington (1962)
- Midland Asphalt Corp. v. United States (1989)
- United States v. Cotton (2002)
- United States v. Miller (2007)
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| After acquittal |
- United States v. Randenbush (1834)
- Ball v. United States (1896)
- Burton v. United States (1906)
- Helvering v. Mitchell (1938)
- Green v. United States (1957)
- Fong Foo v. United States (1962)
- United States v. Tateo (1964)
- Ashe v. Swenson (1970)
- Wilson v. United States (1975)
- Serfass v. United States (1975)
- United States v. Martin Linen Supply Co. (1977)
- Burks v. United States (1978)
- Crist v. Bretz (1978)
- Sanabria v. United States (1978)
- United States v. Scott (1978)
- Bullington v. Missouri (1981)
- Tibbs v. Florida (1982)
- Arizona v. Rumsey (1984)
- Poland v. Arizona (1986)
- Witte v. United States (1995)
- Sattazahn v. Pennsylvania (2003)
- Smith v. Massachusetts (2005)
- Yeager v. United States (2009)
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| After conviction |
- United States v. Wilson (1833)
- United States v. La Franca (1931)
- United States ex rel. Marcus v. Hess (1943)
- Rex Trailer Co. v. United States (1956)
- Ludwig v. Massachusetts (1976)
- Brown v. Ohio (1977)
- Harris v. Oklahoma (1977)
- Garrett v. United States (1985)
- United States v. Halper (1989)
- Grady v. Corbin (1990)
- United States v. Felix (1992)
- United States v. Dixon (1993)
- Department of Revenue of Montana v. Kurth Ranch (1994)
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| After mistrial | |
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| Multiple punishment |
- Ex parte Lange (1873)
- Blockburger v. United States (1932)
- Whalen v. United States (1980)
- Missouri v. Hunter (1983)
- Rutledge v. United States (1996)
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| Dual sovereignty doctrine | |
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| Other | |
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| | | Self-Incrimination Clause |
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