U.S. Court of Appeals for the D.C. Circuit, 1959

Frederick G. Diehl v. United States

U.S. Court of Appeals for the D.C. Circuit · Decided January 15, 1959 · Prettyman, Washington, Bastían

265 F.2d 344; 105 U.S. App. D.C. 152; 1959 U.S. App. LEXIS 4564 (Federal Reporter, Second Series)

Counsel

Mr. William R. Leekemby, Jr., Washington, D. C. (appointed by this Court), with whom Mr. Edgar A. Wren, Washington, D. C., was on the brief, for appellant., Mr. Charles W. Halleck, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., and Mr. Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appel-lee.

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.

. 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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