Holmgren v. United States
Supreme Court of the United States
CERTIORARI TO THE' COURT OF APPEALS FOR THE NINTH CIRCUIT. •The facts, which involve the validity'of a conviction for perjury under § 5395, .'Rev. Stat:,' for false swearing in a naturalization proceeding in a state, court; are. stated in the opinion. The offense, if any, was committed in a- state court.
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CERTIORARI TO THE' COURT OF APPEALS FOR THE NINTH CIRCUIT. •The facts, which involve the validity'of a conviction for perjury under § 5395, .'Rev. Stat:,' for false swearing in a naturalization proceeding in a state, court; are. stated in the opinion. The offense, if any, was committed in a- state court. Federal courts have no jurisdiction of -the crime, of perjury com-r mitted in state court's. ' United States v. Babcock, 4 McLean, • 113; and see cases and statutes cited in dissenting opinion of Ross, J., in Schmidt v; United States,' 133 Fed. Rep. 257. Criminal statutes should not be…
1Opinion of the Court
"Me. Justice Day
delivered the opinion of the'court.
The petitioner,- Gustav Holmgréh, was convicted and sen--tenced in the'District Court of the United Statés for the Northern District of California of the crime Of false swearing • in naturalization proceedings, in. violation of' § 5395' of the Revised Statutes of the LJnited States. The judgment was affirmed by the Circuit Court of Appeals. 156 Fed. Rep. 439. The conviction .was upon the third count of tne indictment, which charged that- in a naturalization proceeding, upon the • application of; one Frank Werta for admission -to citizenship…
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