US SUPREME COURT DECISIONS

In a prosecution for violation of what is now 18 U.S.C. § 242, arising out of the alleged beating of persons to coerce confessions, and for conspiracy against Fourteenth Amendment rights of citizens in alleged violation of what is now 18 U.S.C. § 241, appellee Williams was convicted and the other three appellees were acquitted of the substantive offenses, and the jury was unable to agree on a verdict on the conspiracy counts. Appellees were reindicted for the conspiracy and were convicted, but, on appeal, the Court of Appeals reversed and ordered the indictment quashed on the ground that § 241 does not embrace Fourteenth Amendment rights. An indictment of appellees under 18 U.S.C. § 1621 for perjury in the first trial, charging Williams with falsely testifying that he had not beaten the victims, and charging the other appellees with falsely testifying that they had not seen Williams beating the victims, was dismissed by the District Court.

Held:

1. The conviction of Williams on the charge of beating the victims did not bar, as double jeopardy, his prosecution for perjury in testifying falsely that he had not beaten them. P. 341 U. S. 62.

2. That the other appellees had been acquitted of the substantive offense of aiding and abetting Williams in abusing the victims did not bar, on the ground of res judicata, their subsequent prosecution for perjury in testifying that they had not seen Williams beating them. Sealfon v. United States,