United States v. Goldman, 277 U.S. 229 (1928)

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United States v. Goldman

No. 723

Argued April 10, 1928
Decided May 14, 1928
277 U.S. 229

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF OHIO

Syllabus

1. A criminal contempt, committed by violation of an injunction decreed by a federal court, is an offense against the United States, and an information brought by the United States for the punishment of such a contempt is a "criminal case" within the meaning of the Criminal Appeals Act. P. 236.

2. A motion to dismiss an information of criminal contempt raising the bar of the statute of limitations upon facts appearing upon the face of the information is equivalent to a special plea in bar setting up those facts, and a judgment sustaining the motion is reviewable under the Criminal Appeals Act as a judgment sustaining a special plea in bar. Id.

3. A person charged with criminal contempt is not put in jeopardy prior to the beginning of the trial by entry of a preliminary order to take testimony for use at the trial. P. 237.

4. Prosecution of a criminal contempt committed by violating an injunction decree entered in a suit brought by the United States under the Anti-Trust Act is not barred in one year under § 25 of The Clayton Act, but in three years under § 1044 Rev.Stats. Id.

Reversed.

Error under the Criminal Appeals Act, to a judgment of the district court dismissing an information for contempt.