THE BUTTERICK COMPANY ET AL.

v.

THE FEDERAL TRADE COMMISSION

Citator

Cited By

• United States v. Kelly, 349 F.2d 720 (2d Cir. 1965)
  …m even if Shuck had not made the request. Bruno v. United States, 1939, 308 U.S. 287, 60 S.Ct. 198, 84 L.Ed. 257; United States v. Garguilo, 2 Cir., 1962, 310 F. 2d 249, 252; Becher v. United States, 2 Cir., 1924, 5 F. 2d 45, 49, cert. denied, 1925, 267 U.S. 602, 45 S.Ct. 462, 69 L.Ed. 808; Smith v. United States, 1940, 72 App.D.C. 187, 112 F. 2d 217, cert. denied, 311 U.S. 663, 61 S.Ct. 20, 85 L.Ed. 425. While Van Allen occasionally threw a few shafts in the direction of Kelly and Hagen, we think the tria…
• United States v. Garguilo, 310 F.2d 249 (2d Cir. 1962)
  …as Judge Learned Hand said for this Court many years ago, “It is no doubt better if a defendant requests no charge upon the subject, for the trial judge to say nothing about it * * Becher v. United States, 5 F. 2d 45, 49 (2 Cir.1924), cert. denied, 267 U.S. 602, 45 S.Ct. 462, 69 L.Ed. 808 (1925). But we agree also with the rest of Judge Hand’s statement: “but to say that when he does, it is error, carries the doctrine of self-incrimination to an absurdity.” See also United States v. Tannuzzo, 174 F. 2d 1…
• United States v. Perlstein, 126 F.2d 789 (3d Cir. 1942)
  …above stated. The conspiracy is the offense which the statute defines, without reference to whether the crime which the conspirators have conspired to commit is consummated.” See, also, Becher v. United States, 2 Cir., 5 F. 2d 45, certiorari denied 267 U.S. 602, 45 S.Ct. 462, 69 L.Ed. 808. We can see no reason why persons who conspire together to obstruct justice in a proceeding before a United States Commissioner or in a district court which they expect or fear will be instituted should not incur the pen…