Christoffel v. United States, 338 U.S. 84 (1949)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

For alleged perjurious testimony before a Committee of the House of Representatives, petitioner was convicted under the perjury statute of the District of Columbia (§ 22-2501 of the D.C.Code), which makes it an essential element of the offense that it shall have been committed before "a competent tribunal." The Committee in question had a membership of twenty-five. Although evidence was adduced at the trial from which a jury might have concluded that, at the time of the alleged perjurious testimony, less than a quorum of the Committee were in attendance, the trial court, in its charge, allowed the jury to find a quorum present simply by finding that thirteen or more members were in attendance when the Committee was convened.

Held: so much of the instructions to the jury as allowed them to find a quorum present without reference to the facts at the time of the alleged perjurious testimony was erroneous, and the judgment of conviction must be reversed. P. 85-90.

84 U.S.App.D.C. 132, 171 F.2d 1004, reversed.

Petitioner was convicted of perjury under the perjury statute of the District of Columbia ( 22-2501 of the D.C.Code) for alleged perjurious testimony before a Committee of the House of Representatives. The Court of Appeals affirmed the conviction. 84 U.S.App.D.C. 132, 171 F.2d 1004. This Court granted certiorari. 336 U.S. 934. Reversed, p. 90.