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United States v. Noveck, 271 U.S. 201 (1926)
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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.
United States v. Noveck, 271 U.S. 201 (1926)
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United States v. Noveck No. 169 Argued January 25, 1926 Decided May 10, 1926 271 U.S. 201
ERROR TO THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
Syllabus
1. That part of Rev.Stats. § 1044, as amended November 17, 1921, which provides a six-year period of limitation "in offenses involving the defrauding or attempts to defraud the United States" does not apply where such fraud is not an element of the offense as defined by the penal statute on which the indictment is based. P. 202.
2. The Act of July 5, 1884, as amended, and Rev.Stats. § 1046, fixing limitations for offenses arising under the internal revenue laws, do not apply to perjury under Criminal Code, § 125. P. 203.
3. Section 125 of the Criminal Code, defining perjury, does not make intent to defraud the United States an element of the crime. Id.
4. Therefore, a prosecution for perjury under § 125 is subject to the three-year limitation of Rev.Stats. § 1044, and is not made subject to the six-year limitation by allegations of the indictment showing that the false oath was made in an income tax return for the purpose of defrauding the United States. Id.
Affirmed.
Error to a judgment of the district court quashing a count charging perjury upon the ground that prosecution was barred by statute of limitations.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Noveck, 271 U.S. 201 (1926) in 271 U.S. 201 271 U.S. 202. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=9EDL1EW2KHATD12.
MLA: U.S. Supreme Court. "Syllabus." United States v. Noveck, 271 U.S. 201 (1926), in 271 U.S. 201, page 271 U.S. 202. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=9EDL1EW2KHATD12.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Noveck, 271 U.S. 201 (1926). cited in 1926, 271 U.S. 201, pp.271 U.S. 202. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=9EDL1EW2KHATD12.
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