Hepner v. United States

Citations

• 213 U.S. 103
• 29 S. Ct. 474
• 53 L. Ed. 720
• 1909 U.S. LEXIS 1858

Syllabus

<p>A penalty may be recovered by a civil action, although such an action may be so far criminal in its nature that the defendant cannot be compelled to testify against himself therein in respect to any matter involving his being guilty of a criminal offense.</p> <p>A suit brought by the United States to recover the penalty prescribed by §§ 4 and 5 of the Alien Immigration Act of March 3,1903,'c. 1012, 32 Stat. 1213, is a civil suit and not a criminal prosecution, and when it appears by undisputed’testimony that a defendant has committed . an offense against those sections the trial judge may direct a verdict in favor of the Government.</p>