Frederick G. Diehl v. United States

D.C. Circuit

Frederick G. Diehl v. United States

265 F.2d 344, 105 U.S. App. D.C. 152, 1959 U.S. App. LEXIS 4564

CourtCourt of Appeals for the D.C. Circuit

DecidedJanuary 15, 1959

Docket14690

StatusPublished

This text of 265 F.2d 344 (Frederick G. Diehl v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frederick G. Diehl v. United States, 265 F.2d 344, 105 U.S. App. D.C. 152, 1959 U.S. App. LEXIS 4564 (D.C. Cir. 1959).

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Opinion

PER CURIAM.

Appellant was indicted, tried and convicted for the crime of housebreaking. The complaining witness was a military attache of a foreign embassy, and another witness was a domestic servant in his household. Appellant says that they were not competent witnesses, because they were not liable to punishment for perjury under their diplomatic immunity. We think the point is not well taken. These witnesses took the oath, and moreover the diplomatic immunity from punishment for perjury can be waived by superior diplomatic officials. 1

Affirmed.

1

. 6 Wigmore, Evidence §§ 1831, 1832 (3d ed. 1940); 4 Hackworth, International Law 547 (1942); Respublica v. De Longchamps, 1784, 1 Dall. 111, 1 U.S. 111, 1 L.Ed. 59.

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PER CURIAM.

Appellant was indicted, tried and convicted for the crime of housebreaking. The complaining witness was a military attache of a foreign embassy, and another witness was a domestic servant in his household. Appellant says that they were not competent witnesses, because they were not liable to punishment for perjury under their diplomatic immunity. We think the point is not well taken. These witnesses took the oath, and moreover the diplomatic immunity from punishment for perjury can be waived by superior diplomatic officials. 1

Affirmed.

1

. 6 Wigmore, Evidence §§ 1831, 1832 (3d ed. 1940); 4 Hackworth, International Law 547 (1942); Respublica v. De Longchamps, 1784, 1 Dall. 111, 1 U.S. 111, 1 L.Ed. 59.

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265 F.2d 344, 105 U.S. App. D.C. 152, 1959 U.S. App. LEXIS 4564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frederick-g-diehl-v-united-states-cadc-1959.

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