United States v. Appel
District Court, S.D. New York
Application by the United States to punish Louis Appel for criminal contempt.
1Opinion of the Court
HAND, District Judge.
[1] The power of the court to treat as a criminal contempt a persistent perjury which blocks the inquiry is settled by authority in this circuit. Re Schulman (C. C. A. 2d Cir.) 23 Am. Bankr. Rep. 809, 177 Fed. 191, 101 C. C. A. 361. It is indeed impossible logically to distinguish between the case of a downright refusal to testify and that of evasion by obvious subterfuge and mere formal compliance.
[2] The rule, I think, ought to be this: If the witness’ conduct shows beyond any doubt whatever that he is refusing to tell what he knows, he is in contempt of court. That…
2Cases cited1 opinion
- In re SchulmanCourt of Appeals for the Second Circuit · 1910
3Cited by68 opinions
- Clark v. United StatesSupreme Court of the United States · 1933
- Brown v. United StatesSupreme Court of the United States · 1958
- In Re MichaelSupreme Court of the United States · 1945
- Charles Yeager v. Connie BowlinCourt of Appeals for the Ninth Circuit · 2012
- United States v. Sam R. Rovetuso, Tommy Hendrix and Juan WilliamsCourt of Appeals for the Seventh Circuit · 1985
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