Burdick v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OP THE UNITED STATES POR THE SOUTHERN DISTRICT OP NEW YORK. The facts, which involve the effect of a pardon of the President of the United States tendered to one who has not been convicted of a crime nor admitted the commission thereof, and also the necessity of-acceptance of a pardon in order to make it effective, are stated in the opinion. The proceeding before the grand jury was a "criminal case” within the meaning of the Fifth Amendment.
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ERROR TO THE DISTRICT COURT OP THE UNITED STATES POR THE SOUTHERN DISTRICT OP NEW YORK. The facts, which involve the effect of a pardon of the President of the United States tendered to one who has not been convicted of a crime nor admitted the commission thereof, and also the necessity of-acceptance of a pardon in order to make it effective, are stated in the opinion. The proceeding before the grand jury was a "criminal case” within the meaning of the Fifth Amendment. Counselman v. Hitchcock, 142 U. S. 547. Plaintiff in error was privileged under the Fifth Amendment to decline to answer the…
1Opinion of the CourtJustice McKenna
Error to review a judgment for contempt against Bur-dick upon presentment of the Federal grand jury for refusing to answer certain questions put to him in an investigation then pending before the grand jury into alleged custom frauds in violation of §§ 37 and 39 of the Criminal Code of the United States.
Burdick first appeared before the grand jury and refused to answer questions as to the directions he gave and the sources of his information concerning certain articles in the New York Tribune regarding the frauds under investigation. He is the City Editor of that paper. He declined to answer,…
2Cases cited7 opinions
- Brown v. WalkerSupreme Court of the United States · 1896
- United States v. KleinSupreme Court of the United States · 1872
- United States v. WilsonSupreme Court of the United States · 1833
- Knote v. United StatesSupreme Court of the United States · 1877
- Ex Parte WellsSupreme Court of the United States · 1856
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3Cited by107 opinions
- Matter of RoussNew York Court of Appeals · 1917
- In the Matter of HissMassachusetts Supreme Judicial Court · 1975
- Biddle v. PerovichSupreme Court of the United States · 1927
- United States v. Gregory Paul NoonanCourt of Appeals for the Third Circuit · 1990
- Giuseppe Marino v. Immigration & Naturalization Service, United States Department of JusticeCourt of Appeals for the Second Circuit · 1976
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