United States v. Hoffman (335 U.S. 77)
U.S. Supreme Court · decided June 21, 1948 · Supreme Court Database (Spaeth)
- Citation
- 335 U.S. 77 · 68 S. Ct. 1413
- Decided
- June 21, 1948
- Term
- October Term 1947
- Vote
- 5–4
- Majority author
- Justice Vinson
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Chief Justice Vinson delivered the opinion of the Court. On Feb. 27, 1946, the Price Administrator filed a petition, in the District Court for the District of Columbia, to institute criminal contempt proceedings against appel-lee. The petition charged appellee with having made numerous sales of used cars at over-ceiling prices in violation of an injunction previously issued by the District Court. A rule to show cause was issued, but was dismissed on motion of the appellee, on the ground that he was entitled to immunity under § 202 (g) of the Emergency Price Control Act from prosecution for the transactions upon which the petition was founded. 68 F. Supp. 53. The Government brought this appeal, under the provisions of the Criminal Appeals Act, to review the decision of the District Court. The main issue is the same as that presented in the companion case, Shapiro v. United States, ante, p. 1, but two additional minor questions are raised: 1. Appellee urges that the appeal was not properly taken by the United States because the Government was not a party to the proceedings in the District Court. The record shows, however, that the litigation was instituted in that court by a petition of the OPA District Enforcement Attorney on behalf of the Price Administrator. When the rule to show cause was issued, the court appointed the United States Attorney and the OPA District…
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