No. 39.

325 U.S. 478 (1945)


Supreme Court of United States.

Decided June 11, 1945.

Attorney(s) appearing for the Case

Messrs. John F.X. Finn and Harold W. Hastings and Mr. William H. Timbers, pro hac vice, with whom Messrs. Leo C. Fennelly, George S. Leisure, Joab H. Banton and George C. Norton were on the brief, for petitioners in No. 44. Carl Frederick Berg, Ernest Martin Christoph. John C. Fitting, William C. Kunz, William Ottersbach, Max Rapp and Louis Schatz, petitioners in No. 44, submitted pro se. Wilbur V. Keegan, petitioner in No. 39, submitted pro se.

Mr. James M. McInerney, with whom Solicitor General Fahy, Assistant Attorney General Tom C. Clark, Messrs. Robert S. Erdahl, Ralph F. Fuchs, William Strong, Irving S. Shapiro and Peter J. Donoghue were on the brief, for the United States.

Mr. John F.X. Finn filed a brief, as amicus curiae, urging reversal.

MR. JUSTICE ROBERTS announced the judgment of the Court and delivered the following opinion, in which MR. JUSTICE FRANKFURTER and MR. JUSTICE MURPHY concur.

Two indictments, one returned July 7, 1942, the other returned August 26, 1942, charged a conspiracy beginning January 1, 1940, and ending at the dates the indictments were found. The evident purpose of the second was to include several additional defendants as alleged conspirators. We shall treat them as one...


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