KAY
v.
UNITED STATES

U.S. | 1958-10-13
No. 172
358 U.S. 825 Supreme Court of the United States (1958) Positive Treatment
Cited by 9 cases

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  • United States v. Kelly, 349 F.2d 720 (2d Cir. 1965)
    …, 1960, 223 Md. 158, 162 A. 2d 751; United States v. Rosenblum, 2 Cir., 1964, 339 F. 2d 473; Pointer v. State of Texas, 1965, 380 U.S. 400, 407, 85 S.Ct. 1065, 13 L.Ed.2d 923; Kay v. United States, 4 Cir., 1958, 255 F. 2d 476, 480-481, cert. denied, 358 U.S. 825, 79 S.Ct. 42, 3 L.Ed.2d 65; Matthews v. United States, 5 Cir., 1954, 217 F. 2d 409, 418; United States v. Johns-Manville Corp., E.D.Pa., 1964, 231 F.Supp. 690, 694- [*771] 696; 5 Wigmore, Evidence, Sections 1395, 1397; McCormick, Evidence, Section 2…
  • United States v. Kearney, 750 F.2d 787 (9th Cir. 1984)
    …substantive criminal law as federal substantive law. See United States v. Kiliz, 694 F. 2d 628, 629 (9th Cir. 1982). However, this section does not generally adopt state procedures. Kay v. United States, 255 F. 2d 476, 479 (4th Cir.), cert. denied, 358 U.S. 825, 79 S.Ct. 42, 3 L.Ed.2d 65 (1958). The only issue Kearney raises on appeal is whether an enhanced penalty, based upon a prior DUI conviction, may be imposed if that prior conviction has not been alleged in the information charging him. First, Kearn…
  • United States v. Jenkins, 780 F.2d 472 (4th Cir. 1986)
    …ural. See S.C.Code Ann. § 22-2-150. As a result, the right is not assimilated into federal law by the Assimilative Crimes Act. See Kay v. United States, 255 F. 2d 476 (4th Cir.) (procedural rights are not generally adopted by the Act), cert. denied, 358 U.S. 825, 79 S.Ct. 42, 3 L.Ed.2d 65 (1958). In accordance with our finding that a D.U.I. first offense in South Carolina is “petty” and that it is not assimilated by 18 U.S.C. § 13 (1982), we affirm the district courts’ judgments to deny appellants a right…

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