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QUINN v. UNITED STATES

No. 11081.

203 F.2d 20 (1952)

QUINN v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Reargued May 27, 1952.

Decided December 19, 1952.

Petition for Rehearing Denied April 13, 1953.

Attorney(s) appearing for the Case

David Scribner, pro hac vice, by special leave of Court, with whom Allan R. Rosenberg, Washington, D. C., was on the brief, for appellant.

Charles B. Murray, Asst. U. S. Atty., Washington, D. C., at the time of argument, with whom Charles M. Irelan, U. S. Atty. and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee. George Morris Fay, U. S. Atty. when the record was filed Washington, D. C., also entered his appearance on behalf of appellee.

Before STEPHENS, Chief Judge, and EDGERTON, CLARK, WILBUR K. MILLER, PRETTYMAN, PROCTOR, BAZELON, FAHY and WASHINGTON, Circuit Judges.

PRETTYMAN, Circuit Judge.

Appellant was indicted for refusing to answer a question asked by a subcommittee of the Committee on Un-American Activities of the House of Representatives. The question was whether he was or ever had been a member of the Communist Party. He was tried by a judge of the District Court without a jury and was convicted.

When appellant was asked the crucial question before the subcommittee, the...

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