Fong Foo v. United States

369 U.S. 141, 82 S. Ct. 671, 7 L. Ed. 2d 629 (1962)

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Fong Foo v. United States

United States Supreme Court
369 U.S. 141, 82 S. Ct. 671, 7 L. Ed. 2d 629 (1962)

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Facts

Fong Foo (defendant), a corporation, was on trial for conspiracy and concealing material facts. After three days of trial, before the prosecution had finished presenting its case, the judge directed the jury to return a verdict of acquittal and a formal judgment of acquittal was then entered. The judge’s decision to direct the verdict was based on the supposed misconduct of the prosecution and the supposed lack of credibility of the prosecution’s witnesses. The government petitioned the court of appeals, requesting that the verdict be vacated and the case reassigned for trial. The court of appeals granted the motion, finding that the trial judge lacked the authority to direct the verdict.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Concurrence (Harlan, J.)

Dissent (Clark, J.)

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