Heike v. United States
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve, the extent of immunity granted under the act of February 25, 1903, c. 755, 32 Stat. 854, 904, are stated in the opinion. The immunity statute herein pleaded in bar is a grant of amnesty from the sovereign, operating by way of a pardon from the Government.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve, the extent of immunity granted under the act of February 25, 1903, c. 755, 32 Stat. 854, 904, are stated in the opinion. The immunity statute herein pleaded in bar is a grant of amnesty from the sovereign, operating by way of a pardon from the Government. It bears no analogy, either in conditions of acquirement or in mode of operation, to the constitutional privilege of the Fifth Amendment. There is a fundamental distinction between the constitutional privilege and the statutory immunity. It is…
1Opinion of the CourtJustice Holmes
The petitioner was indicted for frauds on the revenue, and, in the sixth count, under Rev. Stat., § 5440, for a conspiracy to commit such frauds by effecting entries of raw sugars al less than their true weights by means of false written statements as to the same. -Rev. Stat., § 5445. Act of June 10, 1890, c. 407, §9, 26 Stat. 131, 135. He pleaded in bar that, in 1909 and 1910, answering the Government’s subpoena, he had testified and produced documentary evidence before a Federal grand jury investigating alleged breaches of the Sherman Anti-trust Act, that the testimony and documents…
2Cases cited12 opinions
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3Cited by308 opinions
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