United States v. Harris, 311 U.S. 292 (1940)

United States v. Harris

No. 52

Argued November 22, 1940
Decided December 9, 1940 *
311 U.S. 292

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF NEW JERSEY

Syllabus

1. An indictment charging the defendant with having falsely testified under oath before a federal grand jury -- in answer to a question material to the investigation, and knowing the answer to be false -- that he did not make certain statements to Government agents concerning earlier conversations with others regarding the operation of places of ill repute sufficiently charges perjury in violation of § 125 of the Criminal Code. Pp. 293, 295.

2. The alleged perjury consists not in the accused’s having contradicted before the grand jury earlier statements made by him in conversation with others, but in his having sworn falsely that he had never told Government agents he had made such statements. P. 294.

Reversed.

Appeal under the Criminal Appeals Act from an order of the District Court quashing an indictment for perjury.