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STIRONE v. UNITED STATES

No. 35.

361 U.S. 212 (1960)

STIRONE v. UNITED STATES.

Supreme Court of United States.

Decided January 11, 1960.

Attorney(s) appearing for the Case

Michael von Moschzisker argued the cause for petitioner. With him on the brief was Vincent M. Casey.

Wayne G. Barnett argued the cause for the United States. On the brief were Solicitor General Rankin, Assistant Attorney General Wilkey, Ralph S. Spritzer, Beatrice Rosenberg and Theodore George Gilinsky.

MR. JUSTICE BLACK delivered the opinion of the Court.

Petitioner Nicholas Stirone was indicted and convicted in a federal court for unlawfully interfering with interstate commerce in violation of the Hobbs Act.1 The crucial question here is whether he was convicted of an offense not charged in the indictment.

So far as relevant to this question the indictment charged the following:

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