|
|
Cameron v. United States, 231 U.S. 710 (1914)
Contents:
Show Summary
Hide Summary
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.
Cameron v. United States, 231 U.S. 710 (1914)
Cameron v. United States No. 165 Argued October 21, 1913 Decided January 5, 1914 231 U.S. 710
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
The estate of the bankrupt is in process of administration after the petition has been filed and a receiver appointed and an examination may be ordered at any time thereafter under § 21a of the Bankruptcy Act.
Section 7 of the Bankruptcy Act does not prevent a prosecution for perjury in the giving of testimony by the bankrupt; the immunity applies to past transactions concerning which the bankrupt is examined. Glickstein v. United States, 222 U.S. 139.
In the absence of clearly expressed legislative intent, retrospective operation will not be given to statutes, nor, in absence of such intent, will a statute be construed as impairing rights relied upon in past conduct when other legislation was in force. Union Pacific R. Co. v. Laramie Stock Yards, ante, p. 190.
Section 860, Rev.Stat., although repealed before testimony was used, if in force when the testimony was given, protected the giver thereof from having it used against him in a criminal proceeding.
The use of testimony given by the bankrupt in a hearing before a commissioner to contradict his testimony given before the referee, in a trial on an indictment for perjury in giving the latter testimony, violates the immunity guaranteed under § 860 Rev.Stat., and the use thereof is reversible error
192 F. 548 reversed.
The facts, which involve the immunity of one examined in a bankruptcy proceeding prior to the repeal of § 860, Rev.Stat., from having his testimony used against him, and the construction of §§ 7 and 21a of the Bankruptcy Act, are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Cameron v. United States, 231 U.S. 710 (1914) in 231 U.S. 710 231 U.S. 714. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=TVNCYPJJURGPQFG.
MLA: U.S. Supreme Court. "Syllabus." Cameron v. United States, 231 U.S. 710 (1914), in 231 U.S. 710, page 231 U.S. 714. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TVNCYPJJURGPQFG.
Harvard: U.S. Supreme Court, 'Syllabus' in Cameron v. United States, 231 U.S. 710 (1914). cited in 1914, 231 U.S. 710, pp.231 U.S. 714. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=TVNCYPJJURGPQFG.
|