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United States v. Hvass, 355 U.S. 570 (1958)
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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. Hvass, 355 U.S. 570 (1958)
United States v. Hvass No. 92 Argued January 27, 1958 Decided March 3, 1958 355 U.S. 570
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
Syllabus
1. When a Federal District Court dismisses an indictment on the ground that it does not allege a violation of the statute upon which it was founded, not merely because of some deficiency in pleading, but with respect to the substance of the charge, that is necessarily a construction of the statute, and a direct appeal to this Court lies under 18 U.S.C. § 3731. Pp. 573-574.
2. A willfully false statement of a material fact, made by an attorney under oath during a Federal District Court’s examination into his fitness to practice before it, constitutes perjury within the meaning of 18 U.S.C. § 1621 when the examination was made under a local rule of the District Court specifically authorizing such examination under oath, since such an examination is a "case in which a law of the United States authorizes an oath to be administered" within the meaning of the statute. Pp. 574-577.
(a) The phrase "a law of the United States," as used in the perjury statute, is not limited to statutes, but includes as well rules and regulations which have been lawfully authorized and have a clear legislative base, and also decisional law. P. 575.
(b) There can be no doubt that the District Court was lawfully authorized to prescribe its local rules and that they have a clear legislative base. Pp. 575-577.
147 F.Supp. 594 reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Hvass, 355 U.S. 570 (1958) in 355 U.S. 570 355 U.S. 571. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=S6RKKHAB5KUZCXN.
MLA: U.S. Supreme Court. "Syllabus." United States v. Hvass, 355 U.S. 570 (1958), in 355 U.S. 570, page 355 U.S. 571. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=S6RKKHAB5KUZCXN.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Hvass, 355 U.S. 570 (1958). cited in 1958, 355 U.S. 570, pp.355 U.S. 571. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=S6RKKHAB5KUZCXN.
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