JOHNSON V. UNITED STATES, 228 U. S. 457 (1913)

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U.S. Supreme Court

Johnson v. United States, 228 U.S. 457 (1913)

Johnson v. United States

No. 715

Argued April 11, 1913

Decided April 28, 1913

228 U.S. 457


Courts proceed step by step. Matter of Harris, 221 U. S. 274, established simply that the transfer of books of the bankrupt to the trustee could be required, and left undetermined the question of use to which the books could be put.

A party is privileged from producing his books in a prosecution against himself, but is not privileged from their production.

A criminal cannot protect himself by getting the legal title to corporate books. Wheeler v. United States, 226 U. S. 478.

The production of a documentary confession by a third person, into whose hands it has come alio intuitu, does not compel the witness to be a witness against himself in violation of the Fifth Amendment.

On appeal from a conviction, where there is evidence tending to support the finding and no certificate that all the evidence is in the record, this Court is not warranted in declaring, as matter of law, that the government did not make out a case.

The facts are stated in the opinion.

Page 228 U. S. 458

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