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United States v. Oppenheimer

U.S.
Dec 4, 1916
242 U.S. 85 (1916)

Summary

holding that a judgment dismissing an indictment because it was barred by the statute of limitations is a bar to a second prosecution for the same offense under a new indictment

Summary of this case from Jones v. Slay

Opinion

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK.

No. 412.

Argued October 19, 20, 1916. Decided December 4, 1916.

A "motion to quash" an indictment, based upon a former adjudication that a previous indictment for the same offence was barred by the statute of limitations, held, in substance, a plea in bar. United States v. Barber, 219 U.S. 72, 78. Under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246, the right to review decisions and judgments sustaining special pleas in bar is not limited to cases in which the decisions or judgments are based upon the invalidity or construction of the statutes upon which the indictments are founded. United States v. Keitel, 211 U.S. 370, and United States v. Kissel, 218 U.S. 601, explained and distinguished. A plea of the statute of limitations is a plea to the merits. A judgment for defendant that the prosecution is barred by limitations goes to his liability in substantive law; and, in whatever form the issue was raised, such a judgment may be interposed as a conclusive bar to another prosecution for the same offence. The Fifth Amendment, in providing that no one should be twice put in jeopardy, was not intended to supplant the fundamental principle of res judicata in criminal cases.

THE case is stated in the opinion.

Mr. Assistant Attorney General Warren, with whom Mr. A.J. Clopton was on the briefs, for the United States.

Mr. Benjamin Slade, with whom Mr. L. Laflin Kellogg and Mr. Abram J. Rose were on the briefs, for Oppenheimer.


The defendant in error and others were indicted for a conspiracy to conceal assets from a trustee in bankruptcy. Act of July 1, 1898, c. 541, § 29; 30 Stat. 544, 554. The defendant Oppenheimer set up a previous adjudication upon a former indictment for the same offence that it was barred by the one-year statute of limitations in the bankruptcy act for offences against that act, § 29d; an adjudication since held to be wrong in another case. United States v. Rabinowich, 238 U.S. 78. This defence was presented in four forms entitled respectively, demurrer, motion to quash, plea in abatement, and plea in bar. After motion by the Government that the defendant be required to elect which of the four he would stand upon he withdrew the last-mentioned two, and subsequently the court granted what was styled the motion to quash, ordered the indictment quashed and discharged the defendant without day. The Government brings this writ of error treating the so-called motion to quash as a plea in bar, which in substance it was. United States v. Barber, 219 U.S. 72, 78.

The defendant objects that the statute giving a writ of error to the United States "From the decision or judgment sustaining a special plea in bar, when the defendant has not been put in jeopardy," Act of March 2, 1907, c. 2564, 34 Stat. 1246, is limited like the earlier clauses to judgments based on the invalidity or construction of the statute upon which the indictment is founded. But that limitation expressed in each of the two preceding paragraphs of the statute is not repeated here. The language used in United States v. Keitel, 211 U.S. 370, 399, had reference only to the construction of the indictment and to its sufficiency upon matters not involving a statute, in cases brought up by the United States under the earlier clauses of the Act. That quoted from United States v. Kissel, 218 U.S. 601, so far as material also meant that the sufficiency of the indictment would not be considered here upon a writ of error to the allowance of a plea in bar. In view of our opinion upon the merits we do not discuss the preliminary objections at greater length.

Upon the merits the proposition of the Government is that the doctrine of res judicata does not exist for criminal cases except in the modified form of the Fifth Amendment that a person shall not be subject for the same offence to be twice put in jeopardy of life or limb; and the conclusion is drawn that a decision upon a plea in bar cannot prevent a second trial when the defendant never has been in jeopardy in the sense of being before a jury upon the facts of the offence charged. It seems that the mere statement of the position should be its own answer. It cannot be that the safeguards of the person, so often and so rightly mentioned with solemn reverence, are less than those that protect from a liability in debt. It cannot be that a judgment of acquittal on the ground of the statute of limitations is less a protection against a second trial than a judgment upon the ground of innocence, or that such a judgment is any more effective when entered after a verdict than if entered by the Government's consent before a jury is empaneled; or that it is conclusive if entered upon the general issue, United States v. Kissel, 218 U.S. 601, 610, but if upon a special plea of the statute, permits the defendant to be prosecuted again. We do not suppose that it would be doubted that a judgment upon a demurrer to the merits would be a bar to a second indictment in the same words. Iowa v. Fields, 106 Iowa 406. Wharton, Crim. Pl. Pr., 9th ed., § 406.

Of course the quashing of a bad indictment is no bar to a prosecution upon a good one, but a judgment for the defendant upon the ground that the prosecution is barred goes to his liability as matter of substantive law and one judgment that he is free as matter of substantive law is as good as another. A plea of the statute of limitations is a plea to the merits, United States v. Barber, 219 U.S. 72, 78, and however the issue was raised in the former case, after judgment upon it, it could not be reopened in a later prosecution. We may adopt in its application to this case the statement of a judge of great experience in the criminal law: "Where a criminal charge has been adjudicated upon by a court having jurisdiction to hear and determine it, that adjudication, whether it takes the form of an acquittal or conviction, is final as to the matter so adjudicated upon, and may be pleaded in bar to any subsequent prosecution for the same offence. . . . In this respect the criminal law is in unison with that which prevails in civil proceedings." Hawkins, J., in The Queen v. Miles, 24 Q.B.D. 423, 431. The finality of a previous adjudication as to the matters determined by it, is the ground of decision in Commonwealth v. Evans, 101 Mass. 25, the criminal and the civil law agreeing, as Mr. Justice Hawkins says. Commonwealth v. Ellis, 160 Mass. 165. Brittain v. Kinnaird, 1 Brod. B. 432. Seemingly the same view was taken in Frank v. Mangum, 237 U.S. 309, 334, as it was also in Coffey v. United States, 116 U.S. 436, 445.

The safeguard provided by the Constitution against the gravest abuses has tended to give the impression that when it did not apply in terms, there was no other principle that could. But the Fifth Amendment was not intended to do away with what in the civil law is a fundamental principle of justice ( Jeter v. Hewitt, 22 How. 352, 364), in order, when a man once has been acquitted on the merits, to enable the Government to prosecute him a second time.

Judgment affirmed.


Summaries of

United States v. Oppenheimer

U.S.
Dec 4, 1916
242 U.S. 85 (1916)

holding that a judgment dismissing an indictment because it was barred by the statute of limitations is a bar to a second prosecution for the same offense under a new indictment

Summary of this case from Jones v. Slay

finding the defendant's second indictment on bank fraud to be prohibited because an earlier indictment for the same offense had been held to be barred by the statute of limitations

Summary of this case from Lawson v. Sec'y, Dep't of Corr.

recognizing criminal collateral estoppel

Summary of this case from U.S. v. Wittig

In Oppenheimer, the motion in bar in the second proceeding rested on an earlier pretrial motion based on the statute of limitations; the theory of the second plea was res judicata.

Summary of this case from United States v. Jorn

In United States v. Oppenheimer, 242 U.S. 85, 37 S.Ct. 68, 61 L.Ed. 161 (1916), the Court found the defendant's indictment to be prohibited because an earlier indictment for the same offense had been held to be barred by a statute of limitations.

Summary of this case from U.S.A. v. Dionisio

In Oppenheimer, the Supreme Court affirmed the lower court's bar on a second indictment against the same defendant for the same offense when the earlier indictment was dismissed as time-barred.

Summary of this case from United States v. Evans

In Oppenheimer, the Supreme Court (with Justice Holmes delivering the opinion) affirmed a dismissal of an indictment on the ground that an indictment for the same offense had previously been dismissed, in a separate action, as time-barred.

Summary of this case from United States v. Arterbury

declaring that, when a criminal matter is adjudicated upon by a court having jurisdiction to hear and determine it, that adjudication is final as to the matter so adjudicated upon

Summary of this case from Honken v. United States

applying res judicata to statute of limitations dismissal to preclude a criminal action

Summary of this case from USA v. Lazarenko

In United States v. Oppenheimer, 242 U.S. 85, 88, 37 S.Ct. 68, 69, 61 L.Ed. 131 (1916), Justice Holmes stated that even though double jeopardy did not apply by its terms that did not necessarily mean that no other principle could safeguard against abuses.

Summary of this case from United States v. De Sapio

In United States v. Oppenheimer, 242 U.S. 85, 86, 37 S.Ct. 68, 61 L.Ed. 161, 3 L.R.A.516, the same defense "was presented in four forms entitled respectively, demurrer, motion to quash, plea in abatement, and plea in bar".

Summary of this case from United States v. Johnson

In United States v. Oppenheimer, 242 U.S. 85, 37 S.Ct. 68, 61 L.Ed. 161 (1916), the United States Supreme Court held that the doctrine of res judicata is applicable to criminal cases, and determined that while it is distinct from the constitutional protections afforded in the double jeopardy clause, it can also bar multiple prosecutions for the same offense.

Summary of this case from Webster v. State

In Oppenheimer, the defendant was reindicted for the same offense that had been dismissed because the statute of limitations barred the prosecution.

Summary of this case from State v. Roberts

accepting the prosecution's assertion that the case was one where "the defendant never has been in jeopardy in the sense of being before a jury upon the facts of the offense charged," which is the sense in which the Fifth Amendment recognizes jeopardy

Summary of this case from York v. State

accepting the prosecution's assertion that the case was one where the defendant never has been in jeopardy in the sense of being before a jury upon the facts of the offense charged"

Summary of this case from York v. State

In United States v. Oppenheimer, 242 U.S. 85, 85-86 (1916), the defendant had been reindicted for the same offense that had been the subject of an earlier indictment that was dismissed as barred by the statute of limitations.

Summary of this case from Commonwealth v. Williams

applying res judicata for first time in federal criminal case

Summary of this case from Reynolds v. State

In United States v. Oppenheimer, 242 U.S. 85, 37 S.Ct. 68, 61 L.Ed. 161 (1916), the charges brought against the defendant were dismissed before trial as barred by the statute of limitations.

Summary of this case from State v. Ellis

In United States v. Oppenheimer, 242 U.S. 85, 37 S.Ct. 68 (1916), the United States Supreme Court held that the common law doctrine of res judicata applies in federal criminal proceedings.

Summary of this case from Powers v. State

In Oppenheimer, the United States Supreme Court upheld a trial court's reliance on collateral estoppel to dismiss the second indictment of a defendant whose original indictment had been dismissed for violation of the statute of limitations.

Summary of this case from State v. Williams

In United States v. Oppenheimer, 242 U.S. 85, 37 S.Ct. 68, 61 L.Ed. 161 (1916), the trial court sustained the accused's pre-trial pleas in bar and in abatement on the ground that a former indictment for the identical offense had been determined to be barred by the statute of limitations.

Summary of this case from Cox v. State

In United States v. Oppenheimer, 242 U.S. 85 [37 S.Ct. 68, 61 L.Ed. 161, 3 A.L.R. 516], the defendant was indicted for a conspiracy to conceal assets from a trustee in bankruptcy.

Summary of this case from People v. Beltran
Case details for

United States v. Oppenheimer

Case Details

Full title:UNITED STATES v . OPPENHEIMER ET AL

Court:U.S.

Date published: Dec 4, 1916

Citations

242 U.S. 85 (1916)
37 S. Ct. 68

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