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UNITED STATES v. POLAKOFF

No. 329.

112 F.2d 888 (1940)

UNITED STATES v. POLAKOFF et al.

Circuit Court of Appeals, Second Circuit.

June 10, 1940.

Attorney(s) appearing for the Case

Irving Spieler and Samuel J. Siegel, both of New York City, for defendant-appellant George Polakoff.

Louis Halle, of New York City, for defendant-appellant William Albert.

Louis Halle and Samuel Mezansky, both of New York City, of counsel, for appellants.

John T. Cahill, U. S. Atty., of New York City (Jerome Doyle, Frank H. Gordon, and Robert L. Werner, Asst. U. S. Attys., all of New York City, of counsel), for the United States.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

The chief question on this appeal is the competency of the accused's declarations made by telephone to the prosecution's chief witness, Kafton. The indictment was for conspiring to obstruct justice (§ 241, Title 18 U.S.Code, 18 U.S.C.A. § 241) by influencing an assistant district attorney in his recommendation of sentence to the district judge. The case for the prosecution was in substance as follows. Kafton had himself been indicted...

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