In Re Michael, 326 U.S. 224 (1945)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 326 U.S. 219, click here.

In re Michael

No. 38

Argued October 11, 12, 1945
Decided November 5, 1945
326 U.S. 224

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. A witness may not be punished for contempt under § 268 of the Judicial Code for perjury alone. Clark v. United States, 289 U.S. 1, distinguished. P. 228.

2. Nor may a trustee in bankruptcy be adjudged guilty of contempt under § 268 of the Judicial Code for misbehavior as an officer of the court in an official transaction, solely on the ground that he testified falsely before a Grand Jury in the course of a general investigation of frauds against the United States, since such testimony is not an "official transaction" as trustee. P. 229.

146 F.2d 627 reversed.

Certiorari, 324 U.S. 837, to review the affirmance of an order upon an adjudication of contempt.