Bronston v. United States
Supreme Court of the United States
Bronston v. United States
Certiorari to the United States Court of Appeals for the Second Circuit
No. 71-1011. Argued: November 15, 1972 --- Decided: January 10, 1973
Federal perjury statute, 18 U.S.C. § 1621, does not reach a witness' answer that is literally true, but unresponsive, even assuming the witness intends to mislead his questioner by the answer, and even assuming the answer is arguably "false by negative implication." A perjury prosecution is not, in our adversary system, the primary safeguard against errant testimony; given the incongruity of an unresponsive answer, it is the questioner's burden to frame his interrogation acutely to elicit the precise information he seeks. Pp. 357-362.
453 F.2d 555, reversed.
BURGER, C.J., delivered the opinion for a unanimous Court.
Sheldon H. Elsen argued the cause for petitioner. With him on the briefs were Lewis Shapiro and John S. Martin, Jr.
Andrew L. Frey argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Petersen, Beatrice Rosenberg, and Marshall Tamor Golding.