United States v. Debrow United States v. Wilkinson United States v. Brashier United States v. Bogers United States v. Jackson 55, Nos. 51
| Court | United States Supreme Court |
| Writing for the Court | MINTON |
| Citation | 74 S.Ct. 113,346 U.S. 374,98 L.Ed. 92 |
| Parties | UNITED STATES v. DEBROW. UNITED STATES v. WILKINSON. UNITED STATES v. BRASHIER. UNITED STATES v. BOGERS. UNITED STATES v. JACKSON. to 55 |
| Docket Number | Nos. 51 |
| Decision Date | 16 November 1953 |
v.
DEBROW. UNITED STATES v. WILKINSON. UNITED STATES v. BRASHIER. UNITED STATES v. BOGERS. UNITED STATES v. JACKSON.
Mr. John F. Davis, Washington, D.C., for petitioner.
Mr.Ben F. Cameron, Jackson, Miss., W. S. Henley, Jackson, Miss., R. W. Thompson, Jr., Gulfport, Miss., Albert S. Johnston, Jr., Biloxi, Miss., for respondents.
Page 375
Mr. Justice MINTON delivered the opinion of the Court.
The respondents here, defendants below, were charged by separate indictments with the crime of perjury, as defined in 18 U.S.C. § 1621, 18 U.S.C.A. § 1621. 1 Each indictment read in material part as follows:
'(T)he defendant herein, having duly taken an oath before a competent tribunal, to wit: a subcommittee of the Senate Committee on Expenditures in the Executive Departments known as the Subcommittee on Investigations, a duly created and authorized subcommittee of the United States Senate conducting official hearings in the Southern District of Mississippi, and inquiring in a matter then and there pending before the said subcommittee in which a law of the United States authorizes that an oath be administered, that he would testify truly, did unlawfully, knowingly and wilfully, and contrary to said oath, state a material matter which he did not believe to be true. * * *'
The defendants filed motions to dismiss, which were sustained on the ground that the indictments did not allege the name of the person who administered the oath nor his authority to do so.2 The Court of Appeals
Page 376
affirmed, one judge dissenting, 203 F.2d 699, and we granted certiorari, 345 U.S. 991, 73 S.Ct. 1134, because of the importance of the question in the administration of federal criminal law.
An indictment is required to set forth the elements of the offense sought to be charged.
'The true test of the sufficiency of an indictment is not whether it could have been made more definite and certain, but whether it contains the elements of the offense intended to be charged, 'and sufficiently apprises the defendant of what he must be prepared to meet, and, in case any other proceedings are taken against him for a similar offense, whether the record shows with accuracy to what extent he may plead a former acquittal or conviction.' Cochran and Sayre v. United States, 157 U.S. 286, 290, 15 S.Ct. 628, 630, 39 L.Ed. 704; Rosen v. United States, 161 U.S. 29, 34, 16 S.Ct. 434, (435), 480, 40 L.Ed. 606.' Hagner v. United States, 285 U.S. 427, 431, 52 S.Ct. 417, 419, 76 L.Ed. 861.
The Federal Rules of Criminal Procedure, 18 U.S.C.A., were designed to eliminate technicalities in criminal pleading and are to be construed to secure simplicity in procedure. Rule 2, F.R.Crim.Proc. Rule 7(c) provides in pertinent part as follows:
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United States v. Nelson, No. G78-115 CR5.
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United States v. Zirpolo, Cr. A. No. 75-67.
...essential to charges of violations of 18 U.S.C. §§ 1952 and 371. Turf Center, Inc. v. United States, supra citing United States v. Debrow, 346 U.S. 374, 74 S.Ct. 113, 98 L.Ed. 92 (1953) and Hagner v. United States, 285 U.S. 427, 52 S.Ct. 417, 76 L.Ed. 861 (1932). It is the charging part of ......
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U.S. v. Bernstein, Nos. 941
...for just this reason that bills of particulars to be furnished pursuant to Fed.R.Crim.P. 7(f) may be sought, United States v. Debrow, 346 U.S. 374, 376-78, 74 S.Ct. 113, 114-16, 98 L.Ed. 92, 96-97 (1953), and must be provided to make certain that there is adequate notice under the Sixth Ame......
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U.S. v. Charnay, No. 75-1222
...or artifice, shall be fined not more than $1,000 or imprisoned not more than five years, or both." 21 Accord, United States v. Debrow, 346 U.S. 374, 376, 74 S.Ct. 113, 114, 98 L.Ed. 92, 96 22 18 U.S.C. § 3288 reads: "Whenever an indictment is dismissed for any error, defect, or irregularity......
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PERJURY
...that subscription to a false statement in a habeas corpus petition was sufficient for a charge of perjury); United States v. Debrow, 346 U.S. 374, 376–77 (1953) (holding that testimony given subsequent to an oath before a Senate subcommittee was subject to a perjury charge). 43. See United......
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The Warren Court - After Three Terms
...Court tended to construe strictly the doctrine against the state. 13 Lemke v. United States, 346 U.S. 325 (1953); United States v. Debrow, 346 U.S. 374 (1953); Dickinson v. United States, 346 U.S. 389 (1953); United States v. Five Gam- bling Devices, 346 U.S. 441 (1953); United States v. Mo......