Legal Opinion

United States v. Rhodes

District Court, S.D. Alabama

Decided December 13, 1913No. Nos. 4230, 4231PublishedCited by 7 opinions

Joseph E. Rhodes and John J. Rhodes were indicted for perjury in violation of Penal Code (Act March 4, 1909, c. 321, 35 Stat. 1111 [U. S. Comp. St. Supp. 1911, p. 1625]) § 125. On demurrer to indictment.

1Opinion of the Court

TOULMIN, District Judge.

[1] 1. The law is well settled that the constitutional provision that no man shall be compelled to be a witness against himself enables a person, under ordinary circumstances, to refuse not only to give, oral testimony, but to produce his books and pa-' *519pers, on the ground that they would tend to incriminate him. Boyd v. U. S., 116 U. S. 616, 6 Sup. Ct. 524, 29 L. Ed. 746. And it is held that a bankrupt, as well as any other person, is entitled to the protection of such constitutional provision. In re Kanter & Cohen (D. C.) 9 Am. Bankr. Rep. 104, 117 Fed. 356; In re…

2Cases cited5 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. In re KanterDistrict Court, S.D. New York · 1902
  3. In re HarrisDistrict Court, S.D. New York · 1908
  4. In re ChamberlainDistrict Court, N.D. New York · 1910
  5. In re Dow's EstateDistrict Court, S.D. Iowa · 1900

3Cited by7 opinions

  1. Woolley v. United StatesCourt of Appeals for the Ninth Circuit · 1938
  2. United States v. LautDistrict Court, S.D. New York · 1955
  3. Clark v. StateSupreme Court of Delaware · 1970
  4. United States v. CoyleDistrict Court, N.D. New York · 1916
  5. Temple v. StateCourt of Criminal Appeals of Oklahoma · 1918

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