Burton v. United States

Background

A U.S. Senator was convicted under a federal statute after receiving checks that his client mailed as payment. The indictment charged he received and was paid in St. Louis, but the government’s own trial evidence showed he received, indorsed, and deposited the checks in Washington, D.C., at Riggs National Bank, which then forwarded them for payment by a St. Louis bank. Defense lawyers raised questions about where the crime occurred and whether the Senator’s privilege from arrest applied.

Reasoning

The Court first noted disagreement among the Justices about whether the statute even covered the conduct at issue. Assuming it did, the majority found important trial errors. For four counts based on the checks, uncontradicted evidence showed the bank became the owner of the checks when it credited the Senator’s account, not the Senator’s agent collecting for him, so there was no factual basis to submit those counts to the jury. The Court also found the trial judge erred when a deadlocked jury returned: the judge asked how the jury was divided, gave a pressure-type instruction, and failed to properly present defendant’s requested charges as applying to the case.

Real world impact

Because of those errors the Court reversed and ordered a new trial. The ruling limits prosecutors from relying on unsupported theories that payments through banks created venue in another district, requires clearer jury instructions, and warns judges against questioning jury vote splits. This decision is procedural: it sends the case back rather than resolving guilt on the merits.

Dissents or concurrances

Justice Harlan dissented, arguing the Washington bank acted as the Senator’s agent so payment occurred in St. Louis and the conviction should stand on venue grounds.