Funk V. State

Question 1

Judicial history of funk cAse

Answer 1

1. U.S. V funk-district court-guilty
   2,funk v us-US circuit court of appeals-reversed and remanded
   3-U.S. V funk-district court-guilty
2. Funk v us-US circuit court of appeals-affirmed
3. Funk v us-supreme court of us -reversed

Question 2

Relevant facts of funk case

Answer 2

Mr funk was convicted of conspiracy of violating prohibition laws.

• at his trial he tried to call wife as his witness
• wife not allowed to testify
• deemed incompetent because wife seen as property under common law

Question 3

What is the narrow issue of funk case?

Answer 3

Did the judge make an error when he did not allow mrs funk to testify as a witness?

Question 4

What is the broad issue for funk v us?

Answer 4

Does it violate due process if old common law, which is no longer relevant, is applied In a criminal case?

-old common laws that are no longer relevant to modern day society shouldn’t be applied in a present criminal case.

Question 5

What was the discussion ?

Answer 5

Point of view of petitioner: funk believed it was an error when the judge did not allow his wife to testify
Point of view of respondent-(state) says judge did not make error because he followed the law and applied it to the case.

Question 6

What did the Supreme Court rule in funk v us?

Answer 6

The Supreme Court agreed with mr. Funk and ruled that the law was in fact too old for the modern times and the guilty verdict was reversed