UNITED STATES v. FUNK

No. 7688.

84 F.Supp. 967 (1949)

UNITED STATES v. FUNK et al.

United States District Court E. D. Kentucky.

July 11, 1949.


Attorney(s) appearing for the Case

Claude P. Stephens, U. S. Atty., Lexington, Ky., George R. Gallagher, Sp. Asst. to the Atty. Gen., for plaintiff.

Henry T. Duncan, Lexington, Ky., Victor Bradley, Sr., Victor Bradley, Jr., Georgetown, Ky., Leslie W. Morris, Marion Rider, Frankfort, Ky., Robert F. Houlihan, Lexington, Ky., for defendants.


FORD, Chief Judge.

The first question presented for decision relates to the admissibility of testimony of Mr. Philip Ardery by which the Government seeks to have him divulge a conversation with the defendant E. F. Prichard, Jr., which took place on the evening of November 7, 1948, at the home of Mr. Ardery in Frankfort, Ky.

At a preliminary hearing before the Court, out of the presence of the jury, it was shown that the conversation in question concerned subject...

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