United States v. St. Pierre, 342.
| Decision Date | 24 June 1942 |
| Docket Number | No. 342.,342. |
| Citation | 128 F.2d 979 |
| Parties | UNITED STATES v. ST. PIERRE. |
| Court | U.S. Court of Appeals — Second Circuit |
Mathias F. Correa, U. S. Atty., Robert L. Werner and Silvio J. Mollo, Asst. U. S. Attys., all of New York City, and M. Joseph Matan, Sp. Asst. to Atty. Gen. (Keith Brown, Sp. Atty., United States Department of Justice, of Counsel), for the United States.
Edward V. Broderick, for defendant-appellant.
Before SWAN, CHASE, and FRANK, Circuit Judges.
The appellant was sentenced to thirty days' imprisonment for refusing to answer a question put to him before the grand jury. He had testified that certain moneys found on his person were given to him by "Duke Farina," a bookmaker, to give to a New York business man as the proceeds of a bet placed with Farina by the business man. He then testified that, instead of paying the business man, he kept the money. On being asked to give the name of the business man, he refused, continuing to refuse after being ordered by the District Court to answer. When asked why he refused, he said that it was ninety-five percent fear of revenge and five percent fear of self-incrimination. He also said that his answer would give the United States Attorney no clues or leads to his commission of a federal crime.
It is immaterial that appellant's chief reason for refusing to answer was his fear of foul play. The fact that he thought himself in greater danger from the man whose name he was asked to disclose than from prosecution for crime did not deprive him of his privilege, if any, though it may have made him firmly determined to claim it. Nor is it material that appellant stated at several points that he had committed no federal crime; such a contradiction, especially by a nervous or excitable witness would not overcome a clear claim of privilege if he was otherwise entitled to the privilege.
But the asserted privilege is nonexistent when the answer sought would not tend to show the commission of a federal crime by the witness.1 Here the evidence before the court below, consisting of a portion of the grand jury minutes, showed, at most, that appellant had criminally taken or withheld money belonging to one Duke Farina or belonging to some unknown person. He was asked and refused to state the name of the unknown. We assume, arguendo, that, were the other elements of a federal crime present, the answer would aid in appellant's prosecution therefor, and that, in such circumstances, he would be...
To continue reading
Request your trial
-
United States v. St. Pierre
...conviction because the record did not contain any evidence tending to prove that he had committed a federal offense. United States v. St. Pierre, 2 Cir., 128 F.2d 979. The grand jury minutes then before us, although they showed that he confessed to having embezzled money entrusted to him by......
-
Emspak v. United States
...II, at 840. 11 Id., at 841. 12 United States v. Daisart Sportswear, Inc., 2 Cir., 169 F.2d 856, 862—863. 13 See also United States v. St. Pierre, 2 Cir., 128 F.2d 979, 980, from which this Court's Smith opinion approvingly quotes the following: "Nor is it material that appellant stated at s......
-
United States v. Turner, 73-1193.
...or that Turner merely fears the disclosure to his clients that he made mistakes in preparing their tax returns. United States v. St. Pierre, 128 F.2d 979, 980-981 (2d Cir. 1942), cf. Malloy v. Hogan, 378 U.S. 1, 13, 84 S.Ct. 1489, 12 L.Ed.2d 653 (1964). Even if the disclosure of the names w......
-
United States v. Miranti
...defendant had been held in contempt for refusing to answer a question before a grand jury. After we had affirmed his conviction in 2 Cir., 128 F.2d 979, he was recalled before the same grand jury to answer the same question. Again he refused and again he was held in contempt. In affirming t......