Hammer v. United States, 271 U.S. 620 (1926)

Hammer v. United States

No. 317

Argued May 5, 1926
Decided June 7, 1926
271 U.S. 620

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. False testimony before a referee in bankruptcy may constitute the offense of perjury under § 125 of the Criminal Code, and also that of knowingly making a false oath in a bankruptcy proceeding. Bankruptcy Act, § 29b. P. 625.

2. When the facts alleged as perjury in an indictment for subornation include all the elements of perjury as well as false swearing in bankruptcy, it is a charge of subornation of perjury. Id.

3. On a trial for subornation of perjury, the falsity of the testimony charged as perjury cannot be proved by the unsupported testimony of the alleged subornee. P. 626.

6 F.2d 786 reversed.

Certiorari to a judgment of the circuit court of appeals affirming a sentence for subornation of perjury committed before a referee in bankruptcy.