McDONALD v. UNITED STATES

No. 8278.

133 F.2d 23 (1942)

McDONALD v. UNITED STATES.

United States Court of Appeals for the District of Columbia.

Decided December 7, 1942.


Attorney(s) appearing for the Case

Mr. Joseph A. McMenamin, with whom Mr. Harry T. Whelan, both of Washington, D. C., was on the brief, for appellant.

Mr. Charles B. Murray, Assistant United States Attorney, with whom Messrs. Edward M. Curran, United States Attorney, and Allen J. Krouse, Assistant United States Attorney, all of Washington, D. C., were on the brief, for appellee.

Before GRONER, Chief Justice and MILLER and EDGERTON, Associate Justices.


MILLER, Associate Justice.

Appellant and Edith Gardner were convicted of conspiracy; she upon a plea of guilty, he, following a trial by jury. On this appeal it is contended that the District Court erred in admitting in evidence certain letters, papers and documents as proof of overt acts upon the part of appellant, without first having proved that appellant took part in a conspiracy. To support this contention appellant relies upon cases which hold that the conspiracy...

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