United States v. White
Decision Date | 04 April 1952 |
Docket Number | Cr. 418-51. |
Citation | 104 F. Supp. 120 |
Parties | UNITED STATES v. WHITE. |
Court | U.S. District Court — District of New Jersey |
Grover C. Richman, Jr., U. S. Atty., Newark, N. J., by Martin D. Moroney, Asst. U. S. Atty., Newark, N. J., for plaintiff.
Defendant was indicted for perjury under Title 18 U.S.C. § 1621, on the ground that in testifying before the grand jury on November 20, 1951, she did "* * * knowingly and willfully and contrary to * * * oath, state material matter which she did not believe to be true * * *."
Defendant alleges that her testimony as quoted in the indictment upon which this action is based is taken out of context, and if read with her entire testimony will show that there was no contradiction between her oath and her belief.
Defense moves for an order either requiring the United States Attorney to furnish a copy of all her testimony before the grand jury, or permitting counsel to examine and make a copy of that testimony before trial.
Under Rule 6(e) of the Federal Rules of Criminal Procedure, 18 U.S.C., a disclosure of grand jury proceedings may be made "only when so directed by the court preliminarily to or in connection with a judicial proceeding or * * * upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury." The language confers discretion. U.S. v. Socony-Vacuum Oil Co., 1940, 310 U.S. 150 at 233, 60 S.Ct. 811, 84 L.Ed. 1129; U. S. v. Texeira, 2 Cir., 1947, 162 F.2d 169; Schmidt v. U. S., 6 Cir., 1940, 115 F.2d 394, 397; and U. S. v. Byoir, D.C., Tex.1945, 58 F.Supp. 273.
Grand jury proceedings are traditionally secret. The veil has not been lightly lifted. A presumption exists that the grand jury proceedings were regular, U. S. v. Proctor & Gamble Co., D.C.Mass., 1942, 47 F.Supp. 676, and inspection has been denied in absence of a strong and positive showing that the indictment was founded solely upon incompetent or illegal evidence, U. S. v. Lydecker, D.C.W.D.N.Y.1921, 275 F. 976, 978, U. S. v. Silverthorne, D.C.W. D.N.Y.1920, 265 F. 853, or presented in violation of constitutional rights, U. S. v. Oley, D.C.E.D.N.Y.1937, 21 F.Supp. 281, or the result of fraud, corruption, or caprice. U. S. v. Gouled, D.C.S.D.N.Y.1918, 253 F. 242.
This court in U. S. v. National Wholesale Druggists Ass'n, D.C.N.J.1945, 61 F. Supp. 590, summed the still accepted view:
61 F. Supp. at page 593.
As stated in U. S. v. Byoir, supra, 58 F.Supp. at page 274. The Supreme Court has said, U. S. v. Socony-Vacuum Oil Co., supra, 310 U.S. at pages 233, 234, 60 S.Ct. at page 849, 84 L.Ed. 1129.
The Court of Appeals for the Second Circuit was faced with the same situation which is present here. In U. S. v. Remington, 1951, 191 F.2d 246, the defendant was indicted for perjury upon his testimony before the grand jury that he had never been a member of the Communist Party. The district court had denied defendant's motion to inspect the minutes of his testimony before the grand jury. The Court of Appeals said:
...
To continue reading
Request your trial-
Com. v. Giles
...1840, 16 L.Ed.2d 973. United States v. Remington, 191 F.2d 246 (2d Cir.). United States v. Rose, 215 F.2d 617 (3d Cir.). United States v. White, 104 F.Supp. 120 (D.N.J.). It represents the current weight of judicial authority among those States where the subject is not explicitly covered by......
-
United States v. Rose
...rights were properly protected and preserved. Relying upon United States v. Remington and other cases10 the court in United States v. White, D.C.N.J.1952, 104 F.Supp. 120, ruled that in all perjury actions based upon defendant's testimony before a grand jury the defendant was entitled to a ......
-
State v. Moffa
...v. Remington, 191 F.2d 246, 250 (2 Cir.1951), certiorari denied, 343 U.S. 907, 72 S.Ct. 580, 96 L.Ed. 1325 (1952); United States v. White, 104 F.Supp. 120 (D.N.J.1952). Still more evident is the need of the alleged suborner since of course he was not present when that offense was allegedly ......
-
United States v. Ben Grunstein & Sons Company
...Cir., 1954, 215 F.2d 617; U. S. v. Remington, 2 Cir., 1951, 191 F.2d 246; U. S. v. Owen, D.C.W.D. Mo.1951, 11 F.R.D. 371; U. S. v. White, D.C.N.J.1952, 104 F.Supp. 120. 5 U. S. v. Crolich, D.C.S.D.Ala.1952, 101 F.Supp. 782, and see cases in footnote 6 Metzler v. U. S., 9 Cir., 1933, 64 F.2d......