CURLEY

v.

UNITED STATES; AND SMITH V. UNITED STATES

Citator

Cited By (141 total)

• Knight v. State, 107 So. 3d 449 (Fla. 5th DCA 2013)
  …rors to make.... If [the judge] concludes that either of the two results, a reasonable doubt or no reasonable doubt, is fairly possible, he must let the jury decide the matter. Curley v. United States, 160 F. 2d 229, 232-33 (D.C.Cir.), cert. denied, 331 U.S. 837, 67 S.Ct. 1511 (1947). This portion of the Curley opinion would later be cited with approval by the United States Supreme Court in its landmark decision setting the standard of review that we still follow today in criminal cases. Jackson v. Virgin…
• Burks v. United States, 437 U.S. 1 (U.S. 1978)
  …nbarger, 426 F. 2d 992, 994 (CA6 1970); United States v. Nelson, 419 F. 2d 1237, 1241 (CA9 1969); McClard v. United States, 386 F. 2d 495, 497 (CA8 1968); Curley v. United States, 81 U. S. App. D. C. 389, 392, 160 F. 2d 229, 232-233, cert. denied, 331 U. S. 837 (1947). The prevailing rule has long been that a district judge is to submit a case to the jury if the evidence and inferences therefrom most favorable to the prosecution would warrant the jury’s finding the defendant guilty beyond a reasonable doub…
• United States v. Taylor, 464 F.2d 240 (2d Cir. 1972)
  …Federal Practice and Procedure § 467, at 255-257 (1969), and eases there cited. Almost all the circuits have adopted something like Judge Prettyman’s formulation in Curley v. United States, 81 U.S.App.D.C. 389, 160 F. 2d 229, 232-233, cert. denied, 331 U.S. 837, 67 S.Ct. 1511, 91 L.Ed. 1850 (1947). This, along with its rationale, reads as follows: The functions of the jury include the determination of the credibility of witnesses, the weighing of the evidence, and the drawing of justifiable inferences of…