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UNITED STATES v. SMITH

No. 498.

331 U.S. 469 (1947)

UNITED STATES v. SMITH, U.S. DISTRICT JUDGE, ET AL.

Supreme Court of United States.

Decided June 2, 1947.

Attorney(s) appearing for the Case

Assistant to the Attorney General McGregor argued the cause for the United States. With him on the brief were Acting Solicitor General Washington, Sewall Key and Melva M. Graney.

Robert T. McCracken argued the cause for Memolo, respondent. With him on the brief were Stanley F. Coar and C. Russell Phillips.

No appearance for Smith, United States District Judge, respondent.

MR. JUSTICE JACKSON delivered the opinion of the Court.

The United States in this case sought writs of mandamus and prohibition from the Court of Appeals directed to the judges of the District Court for the Middle District of Pennsylvania to require that an order by which a new trial was granted to one John Memolo be vacated.

Memolo was convicted of tax evasion after jury trial before Judge William F. Smith. Three...

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