Bart v. United States,
Annotate this Case
349 U.S. 219 (1955)
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U.S. Supreme Court
Bart v. United States, 349 U.S. 219 (1955)
Bart v. United States
Argued April 5, 1955
Decided May 23, 1955
349 U.S. 219
1. Summoned to testify before a congressional investigating committee, petitioner refused to answer certain questions on the ground of his constitutional privilege against self-incrimination. The committee did not specifically overrule his objection or direct him to answer.
Held: in his trial for a violation of 2 U.S.C. § 192, the District Court should have entered a judgment of acquittal, because the committee had failed to lay the necessary foundation for a prosecution under § 192. Quinn v. United States, ante, p. 349 U. S. 155. Pp. 349 U. S. 219-223.
2. The requirement of criminal intent not having been satisfied at the time of the hearing, it could not be satisfied nunc pro tunc by abandonment of petitioner's objection two and a half years later on an appeal from his conviction for a violation of 2 U.S.C. § 192. Pp. 349 U. S. 221-222.
91 U.S.App.D.C. 370, 203 F.2d 45, reversed.