DENNIS v. UNITED STATES

No. 9597.

171 F.2d 986 (1948)

DENNIS v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided October 12, 1948.


Attorney(s) appearing for the Case

Mr. Louis F. McCabe, of Philadelphia, Pa. and Mr. Earl B. Dickerson, of Chicago, Ill., pro hac vice, by special leave of court, with whom Mr. David Rein, of Washington, D.C., was on the brief, for appellant.

Mr. John D. Lane, Asst. U. S. Atty., of Washington, D. C., with whom Messrs. George Morris Fay, U. S. Atty., and John W. Fihelly, Asst. U. S. Atty., both of Washington, D. C., were on the brief, for appellee. Mr. Sidney S. Sachs, Asst. U. S. Atty., of Washington, D. C., also entered an appearance for appellee.

Mr. Frank D. Reeves, of Washington, D. C., filed a brief on behalf of the Committee to Enforce the Fourteenth Amendment as amicus curiae, urging reversal.

Mr. Belford V. Lawson, Jr., of Washington, D. C., filed a brief on behalf of the National Lawyers Guild as amicus curiae, urging reversal.

Before CLARK, PRETTYMAN and PROCTOR, JJ.


CLARK, J.

Appellant was indicted, tried and convicted under the style (to use the language of the indictment) of "Eugene Dennis, also known as Francis Waldron."

Since the identity of the appellant is well established for the purposes of this action and since his real name is immaterial if the conviction is proper, we shall for the sake of brevity refer to him hereinafter as "Dennis", which is apparently the name under which he desires to travel at the present...

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