Donald M. Wollam v. United States

This case is a companion of Simpson v. United States, 9 Cir., 241 F.2d 222 .

Here Donald M. Wollam was a witness before the same Congressional subcommittee (before which Simpson appeared) conducting an investigation on June 19, 1954, and he refused to answer the following questions:

1. Mr. Wollam, what is your present address, sir?

2. Now, Mr. Wollam, what is your present employment?

3. Did you ever attend elementary school; and if so, where?

4. Did you ever attend high school, Mr. Wollam?

5. Now, did you ever attend college, Mr. Wollam?

Various grounds were variously stated by Wollam for the refusal to answer which he made. None was later relied on except the claim that an answer might, tend to incriminate. It is asserted that he was protected by the Fifth Amendment of the Constitution, the safety of which he claimed.

Indictment with a count for each refusal followed on December 1, 1954. Trial by jury and conviction on each count followed on January 19, 1955. Identical concurrent prison sentences were imposed on each count. In addi tion, there was a fine of $250 levied on the first count.

As we said in Simpson, if the conviction is valid on the first count, we need not…