UNITED STATES SUPREME COURT DECISIONS ON-LINE

An indictment against appellee under the Sherman Act and Conspiracy Act concerned matters about which he had previously testified before a congressional subcommittee. The District Court dismissed the indictment, upholding appellee's contention that prosecution was barred under the immunity provision of the Act of February 25, 1903, providing that no person shall be prosecuted on account of any matter concerning which he testifies "in any proceeding, suit, or prosecution" under the Sherman Act and other specified statutes.

Held: Appellee's testimony before the congressional subcommittee did not immunize him from prosecution, the Act of February 25, 1903, as amended in 1906, confining immunity to persons who testify in judicial proceedings under oath and in response to a subpoena.

215 F.Supp. 656 reversed and remanded.