POWERS V. UNITED STATES, 223 U. S. 303 (1912)

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U.S. Supreme Court

Powers v. United States, 223 U.S. 303 (1912)

Powers v. United States

No. 152

Argued January 22, 1912

Decided February 19, 1912

223 U.S. 303


The objection that there was no venire facias summoning the grand jury is waived unless seasonably taken.

When the case gets to this Court, if the indictment shows that the grand jury was duly selected and sworn, it is enough to show the proper swearing of the grand jury. Crain v. United States, 162 U. S. 625, distinguished.

Where the conviction is a general one, one good count is sufficient to warrant affirmance. Dunton v. United States, 156 U. S. 185.

In this case, the statements in the record as to the calling and impaneling of the petit jury sufficiently disclose, upon proceedings in error, that the petit jury was sworn.

Where the accused voluntarily becomes a witness in his own behalf before a commission, it is not essential to the admissibility of his testimony that he be first warned that what he says may be used against him. Wilson v. United States, 162 U. S. 613.

Where the record does not show that the accused on the preliminary hearing claimed his privilege under the Fifth Amendment or was ignorant of it, but does show that he testified voluntarily and understandingly, his testimony cannot be excluded when subsequently offered at his trial.

A defendant testifying voluntarily, thereby waiving his privilege, may be fully cross-examined as to the testimony given, and in this case held that the cross-examination did not exceed the proper limits.

Section 860, Rev.Stat., has no bearing on the introduction in the same criminal proceeding of testimony of accused given voluntarily. Tucker v. United States, 151 U. S. 164.

The facts, which involve the validity of a sentence after conviction for violating §§ 3258, 3279, 3281 and 3242 of the Revised Statutes of the United States, are stated in the opinion. chanrobles.com-red

Page 223 U. S. 310