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

Argued January 18, 1833
Decided January 26, 1833
Full case name United States v. Wilson
Citations

32 U.S. 150 (more)

32 U.S. 7 Peters 150 (1833)
Holding
A pardon cannot be recognized by a judge if it has not been brought judicially before the court by plea, motion, or otherwise.
Court membership
Chief Justice
John Marshall
Case opinions
Majority Marshall

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.[1] 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.[1]

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.[2]

References

  1. 1 2 Bohm, Robert M., DeathQuest: An Introduction to the Theory and Practice of Capital Punishment in the United States, p25
  2. ↑ http://press-pubs.uchicago.edu/founders/documents/a2_2_1s29.html
 
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)
After conviction
After mistrial
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)
Dual sovereignty doctrine
Other


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