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UNITED STATES v. GROTE

No. 103.

140 F.2d 413 (1944)

UNITED STATES v. GROTE.

Circuit Court of Appeals, Second Circuit.

February 3, 1944.

Attorney(s) appearing for the Case

William W. Pellet, of New York City, for Frank Heinrich Wilhelm Grote, defendant-appellant.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for plaintiff-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The defendant Grote was convicted and sentenced to imprisonment for fifteen years for conspiring with his co-defendant Grohs and others to violate Section 32, 50 U.S.C. A., which provides as follows:

"Whoever, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to, or aids or induces another to, communicate...

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