(Download) "Nye v. United States." by United States Court of Appeals for the Fourth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Nye v. United States.
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 22, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This is an appeal from a conviction and sentence under a count of an indictment charging wilful and corrupt obstruction of justice in violation of section 135 of the Criminal Code, 18 U.S.C.A. § 241. Appellant is one R. H. Nye, who was charged with contempt of court because of the same obstruction of justice in a case which was before this court in Nye v. United States, 4 Cir., 113 F.2d 1006, and before the Supreme Court in Nye v. United States, 313 U.S. 33, 61 S. Ct. 810, 85 L. Ed. 1172. The Supreme Court held that the conduct of Nye and one Mayers, who was charged with him, could not be punished as contempt of court under section 268 of the Judicial Code, 28 U.S.C.A. § 385, but that, if the facts found in that case were taken to be true, it was "highly reprehensible" and "of a kind which corrupts the judicial process and impedes the administration of justice". 313 U.S. 52, 61 S. Ct. 817, 85 L. Ed. 1172. Following this, Nye and Mayers were indicted under a bill of indictment containing two counts, the first charging conspiracy to obstruct justice and the second charging the obstructing of justice. Mayers was acquitted generally, whereas Nye was acquitted on the first count of the indictment but convicted on the second, which is as follows: