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Namet v. United States, 373 U.S. 179 (1963)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Namet v. United States, 373 U.S. 179 (1963)
Namet v. United States No. 134 Argued March 18, 1963 Decided May 13, 1963 373 U.S. 179
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
Syllabus
During a trial in a Federal District Court in which petitioner was convicted by a jury of violating the federal wagering tax law, the prosecutor asked two witnesses questions concerning their relationship with petitioner. Refusal of these witnesses to answer some of the questions, based on their privilege against self-incrimination, was sustained. Counsel for the witnesses had previously stated that the witnesses would claim their privilege against self-incrimination if asked about wagering violations. The judge instructed the jury that no inference should be drawn against petitioner from these refusals to testify, "unless it would be a logical inference that would appeal to you as having a direct bearing upon the defendant’s guilt," and petitioner’s counsel made no objection to this instruction.
Held:
1. In the light of the entire record in this case, no reversible error was committed when the prosecutor asked the witnesses questions as to which their plea of privilege against self-incrimination was sustained. Pp. 185-190.
2. Even if the instruction on this subject was erroneous, it was not a plain error or defect "affecting substantial rights," within the meaning of Federal Rule of Criminal Procedure 52(b), and it did not constitute reversible error. Pp. 190-191.
301 F.2d 314, affirmed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Namet v. United States, 373 U.S. 179 (1963) in 373 U.S. 179 373 U.S. 180. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=2ZWN3ZECAEGNE9V.
MLA: U.S. Supreme Court. "Syllabus." Namet v. United States, 373 U.S. 179 (1963), in 373 U.S. 179, page 373 U.S. 180. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2ZWN3ZECAEGNE9V.
Harvard: U.S. Supreme Court, 'Syllabus' in Namet v. United States, 373 U.S. 179 (1963). cited in 1963, 373 U.S. 179, pp.373 U.S. 180. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=2ZWN3ZECAEGNE9V.
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