Hogue v. United States
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Northern District of Texas. W. J. Hogue was convicted of a criminal offense, and brings error.
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In Error to the District Court of the United States for the Northern District of Texas. W. J. Hogue was convicted of a criminal offense, and brings error. The indictment against the plaintiff in error (who will hereafter be called the defendant) is as follows: “At a regular term of the United States District Court for the Northern District of Texas begun and holden at Dallas, Texas, on the first Monday of May, A. D. 1909, which was the 3d day of said month, the grand jurors wherefor, good and lawful men, duly selected, impaneled, sworn, and charged to inquire into and a true presentment make…
1Opinion of the CourtShelby, Circuit Judge
(after stating the facts as above). The indictment shows that the defendant, Hogue, had been tried for a violation of section 5480 of the Revised Statutes (U. S. Comp. St. *2481901, p. 3696) for having devised a scheme or artifice to defraud to be effected by using the mail. On that trial he testified as a witness for himself, and the charge of perjury is based on his testimony given in that case. The document about which he testified was presumably relevant to the issues on his' trial for violation of the postal laws. It is not shown that there was any controversy as to the original contents…
2Cases cited1 opinion
- State v. MaceSupreme Judicial Court of Maine · 1884
3Cited by6 opinions
- Danaher v. United StatesCourt of Appeals for the Eighth Circuit · 1930
- United States v. SiegelDistrict Court, S.D. New York · 1957
- United States v. SimplotDistrict Court, D. Utah · 1961
- Territory of Hawaii v. TamashiroHawaii Supreme Court · 1947
- Flynn v. United StatesCourt of Appeals for the Ninth Circuit · 1949
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