Stanley Forman Reed

“ The District Court had jurisdiction of offenses against the laws of the United States. 18 U.S.C. § 3231, 18 U.S.C.A. § 3231. [5] Hence, it had jurisdiction of the subject matter, to wit, an alleged violation of a federal conspiracy statute, and, of course, of the persons charged. This made the trial take place before 'a competent tribunal': a court authorized to render judgment on the indictment. The circumstance that ultimately it is determined on appeal that the indictment is defective does not affect the jurisdiction of the trial court to determine the case presented by the indictment. ”

“ The perjury charged in this present indictment, allegedly committed at that former trial in which all except Williams were acquitted of the substantive offenses, is that the three acquitted men testified falsely that they had not seen Williams abuse the prisoner. The trial court thought that 'Whether they had seen or observed Williams beat the victims was a part and parcel of the charge against them in the substantive counts' of abuse and aiding and abetting the abuse. ”

“ His conviction is affirmed today. See No. 365, Williams v. United States, infra, 341 U.S. 97, 71 S.Ct. 576. The jury found Bombaci and Ford not guilty of these offenses and Yuhas not guilty of aiding and abetting in the commission of these offenses. However, the jury was unable to agree on a verdict as to the four counts which charged conspiracy. Later a new indictment was presented which framed once again the conspiracy charges, and this time the appellees in this case were found guilty. The perjury charges not before us are not based on the proceedings in the second conspiracy trial. ”

“ As the existence of those facts are so plainly necessary, e.g., process, examples of decisions are rare. Absence of such facts makes the proceedings a nullity. Such a case was Kalb v. Feuerstein, 308 U.S. 433, 60 S.Ct. ”

“ E.g., 'I can't make it too emphatic to you, gentlemen, that mere presence when a crime is committed is, of course, not sufficient to render one guilty as aider or abettor.'↑ 'The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.↑ E.g., Collins v. ”