Legal Opinion

Wechsler v. United States

Court of Appeals for the Second Circuit

Decided November 7, 1907No. 53PublishedCited by 35 opinions

In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to reyiew a judgment of the Circuit Court, Southern District of New York. The plaintiff in error, a bankrupt, was indicted for the commission of willful and corrupt perjury before a special commissioner in bankruptcy while giving testimony upon oath as to certain of his transactions.

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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to reyiew a judgment of the Circuit Court, Southern District of New York. The plaintiff in error, a bankrupt, was indicted for the commission of willful and corrupt perjury before a special commissioner in bankruptcy while giving testimony upon oath as to certain of his transactions. He was convicted on two counts, and sentenced to two years’ imprisonment and to pay a fine of $1. Two assignments of error only were argued before this court, and these only will be…

1Opinion of the CourtEacombe, Circuit Judge

(after stating the facts as above). The bankruptcy act of July 1, 1898 (30 Stat. 548, c. 541, § 7 [U. S. Comp. *580St. 1901, p. 3424]), requires the bankrupt to submit to an examination under oath as to various matters specified therein, with the proviso that “no testimony given by him shail be offered in evidence against him in any criminal proceeding.” It is contended that the immunity thus accorded in broad, unqualified language should apply to prosecution for falsely testifying upon any such examination; and it is suggested that the section quoted from does not contain the qualification'…

2Cases cited10 opinions

  1. Williams v. United StatesSupreme Court of the United States · 1897
  2. United States v. BaileySupreme Court of the United States · 1835
  3. Edelstein v. United StatesCourt of Appeals for the Eighth Circuit · 1906
  4. In re LeslieDistrict Court, N.D. New York · 1903
  5. In re GaylordCourt of Appeals for the Second Circuit · 1901

5 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Hammer v. United StatesSupreme Court of the United States · 1926
  2. United States v. Irving B. Kahn and Teleprompter CorporationCourt of Appeals for the Second Circuit · 1973
  3. In Re SlocumCourt of Appeals for the Second Circuit · 1927
  4. Reynolds v. United StatesCourt of Appeals for the Sixth Circuit · 1922
  5. Morris Plan Industrial Bank v. FinnCourt of Appeals for the Second Circuit · 1945

30 more not listed; retrieve them via the Exa API.

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