SMITH v. ILLINOIS

No. 158.

390 U.S. 129 (1968)

SMITH v. ILLINOIS.

Supreme Court of United States.

Decided January 29, 1968.


Attorney(s) appearing for the Case

Gerald W. Getty argued the cause for petitioner. With him on the briefs were James J. Doherty and Marshall J. Hartman.

John J. O'Toole, Assistant Attorney General of Illinois, argued the cause for respondent. With him on the brief were William G. Clark, Attorney General, and Philip J. Rock, Assistant Attorney General.


Opinion of the Court by MR. JUSTICE STEWART, announced by MR. JUSTICE FORTAS.

In Pointer v. Texas, 380 U.S. 400, 403, this Court held that the Sixth Amendment right of an accused to confront the witnesses against him is a "fundamental right . . . made obligatory on the States by the Fourteenth Amendment." The question presented in this case is whether Illinois denied that right to the petitioner, Fleming Smith. He was...

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