Carl Harvey Jackins v. United States

The appellant was indicted upon ten counts charging him with refusing to answer questions propounded to him at a hearing of a subcommittee of the Committee on Un-American Activities of the House of Representatives in violation of Title 2 U.S.C.A. § 192 . He waived a jury and upon trial by the court was found guilty upon five of the ten counts. He was sentenced to a term of six months upon each count, the sen-fences to be concurrent, and to pay a fine of $250. The imprisonment sentences were suspended and the defendant-appellant was placed on probation.

The hearing out of which these charges arose was held at Seattle, Washington, in the month of June, 1954. The indictment listed in the separate counts questions which Jackins refused to answer. The numbers of the counts and the questions listed in each count, with the verdict on each, appear in the margin.

The appeal, insofar as it relates to the finding of guilty on counts 2, 8 and 10 of the indictment, may be quickly disposed of. Since the decision in the court below, the Supreme Court in Quinn v. United States, 349 U.S. 155 , 75 S.Ct. 668 , 99 L.Ed. 964 ; Emspak v. United States, 349 U.S. 190 , 75 S.Ct. 687 , 99 L.Ed. 997 , and…