Legal Opinion

Hale v. Henkel

Supreme Court of the United States

Decided March 12, 1906No. 340PublishedCited by 1,262 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES EOR THE SOUTHERN DISTRICT OP NEW YORK. This was an appeal from a final order of the Circuit Court made June 18, 1905, dismissing a writ of habeas corpus and remanding the petitioner Hale to the custody of the marshal.' The proceeding originated in a subpoena duces tecum, issued April 28, 1905, commanding Hale to appear before the grand jury at a time and place named, to “testify and give evidence in a certain action now…

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES EOR THE SOUTHERN DISTRICT OP NEW YORK. This was an appeal from a final order of the Circuit Court made June 18, 1905, dismissing a writ of habeas corpus and remanding the petitioner Hale to the custody of the marshal.' The proceeding originated in a subpoena duces tecum, issued April 28, 1905, commanding Hale to appear before the grand jury at a time and place named, to “testify and give evidence in a certain action now pending . . . in the Circuit Court of. the United States for the Southern District of New York, between the United States of…

1Opinion of the CourtJustice Brown

Two issues are presented by the record in this case, which are so far distinct as to require separate consideration. They depend upon the applicability of different provisions of the Constitution, and, in determining the question of affirmance or reversal, should not be confounded. The first of these involves the immunity of the witness from oral examination; the second, the legality of his action in refusing to produce the documents called for by the subpoena duces tecum.

1. The appellant justifies his action in refusing to answer the *59questions propounded to him, 1st, upon the ground that…

2Cases cited13 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Counselman v. HitchcockSupreme Court of the United States · 1892
  3. Brown v. WalkerSupreme Court of the United States · 1896
  4. Adams v. New YorkSupreme Court of the United States · 1904
  5. Interstate Commerce Commission v. BrimsonSupreme Court of the United States · 1894

8 more not listed; retrieve them via the Exa API.

3Cited by1,262 opinions

  1. Rakas v. IllinoisSupreme Court of the United States · 1979
  2. Weeks v. United StatesSupreme Court of the United States · 1914
  3. United States v. CalandraSupreme Court of the United States · 1974
  4. United States v. JacobsenSupreme Court of the United States · 1984
  5. Kastigar v. United StatesSupreme Court of the United States · 1972

1,257 more not listed; retrieve them via the Exa API.

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