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 | ||||
Citations | 32 U.S. 150 (more)
32 U.S. 7 Peters 150 (1833)
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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 | |||||
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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
- ↑ 1.0 1.1 Bohm, Robert M., DeathQuest: An Introduction to the Theory and Practice of Capital Punishment in the United States, p25
- ↑ http://press-pubs.uchicago.edu/founders/documents/a2_2_1s29.html
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