United States v. Debrow
346 U.S. 374 (1953)

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U.S. Supreme Court

United States v. Debrow, 346 U.S. 374 (1953)

United States v. Debrow

Argued October 20, 1953

Decided November 16, 1953*

346 U.S. 374

Syllabus

The indictments of respondents under 18 U.S.C. § 1621 for perjury in willfully testifying falsely to material facts, after each had "duly taken an oath," before a Senatorial subcommittee duly created and duly authorized to administer oaths, complied with Rule 7(c) of the Federal Rules of Criminal Procedure, and they should not have been dismissed for failure to allege the name of the person who administered the oaths or his authority to do so. Pp. 346 U. S. 375-378.

(a) The name of the person who administered the oath is not an essential element of the crime of perjury. Pp. 346 U. S. 376-377.

(b) R.S. § 5396, which required that an indictment for perjury aver the name and authority of the person who administered the oath, was repealed by the Act of June 25, 1948, 62 Stat. 862, revising the Criminal Code. P. 346 U. S. 377.

203 F.2d 699 reversed.

Page 346 U. S. 375

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