Andres v. United States

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Andres v. United States
Court Supreme Court of the United States
Citation 333 U.S. 740
Date argued February 5, 1948
Date decided April 26, 1948


  • Hawaii was a U.S. territory at the time of this case.
  • Mr. Andres = murder suspect in the 1st degree (the worst charge)
  • In 1943, Andres was arrested in Pearl Harbor, Hawaii for murder

Procedural History

  • Andres had been convicted of murder in the United States District Court for the Territory of Hawaii by a jury
  • Andres was sentenced to death by hanging
  • Andres appealed the language of the jury instructions in his murder conviction


"Unanimity in jury verdicts is required where the Sixth and Seventh Amendments apply. In criminal cases, this requirement of unanimity extends to all issues--character or degree of the crime, guilt and punishment-which are left to the jury."

After the murder conviction, there must be a unanimous verdict in order to impose the death penalty on the murder convict.