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BART V. UNITED STATES, 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

No. 117

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.

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