Ex parte Irvine
U.S. Circuit Court for the District of Southern Ohio
These are petitions for habeas corpus. The petitioners, R. W. Irvine and J. C. Wagner, were committed to the county jail of Warren county by order of the circuit court of tlie United States for the Southern district of Ohio, Western division, for contempt in refusing to answer certain questions propounded to them when called and sworn as witnesses for the United States in the trial of an indictment against 12 defendants for conspiracy to commit an offense against the United…
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These are petitions for habeas corpus. The petitioners, R. W. Irvine and J. C. Wagner, were committed to the county jail of Warren county by order of the circuit court of tlie United States for the Southern district of Ohio, Western division, for contempt in refusing to answer certain questions propounded to them when called and sworn as witnesses for the United States in the trial of an indictment against 12 defendants for conspiracy to commit an offense against the United States. The offense which the defendants were charged with conspiring to conunir against tlie United States was a…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). The validity of the commitments here under examination depends . upon the power of the court which made them. The general power of the court to compel, by its process of contempt, witnesses to appear, to be sworn, and to testify in causes pending before it, is clear. The power has, however, a limitation imposed by the fifth amendment to the constitution, which provides “that no person shall be compelled in any criminal case to be a witness against himself.” The supreme court of the United States, in Counselman v. Hitchcock, 142 U. S. 547, 12 Sup. Ct. 195, declared…
2Cases cited5 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Ex Parte FISKSupreme Court of the United States · 1885
- People v. MatherNew York Supreme Court · 1830
- United States v. FordSupreme Court of the United States · 1879
- People v. WhippleCourt Of Oyer And Terminer New York · 1827
3Cited by105 opinions
- Hoffman v. United StatesSupreme Court of the United States · 1951
- State v. JenkinsOhio Supreme Court · 1984
- Sunal v. LargeSupreme Court of the United States · 1947
- United States Ex Rel. Vajtauer v. Commissioner of ImmigrationSupreme Court of the United States · 1927
- United States v. Daniel Chalan, Jr.Court of Appeals for the Tenth Circuit · 1987
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