UNITED STATES v. SCULLY


119 F.Supp. 225 (1954)

UNITED STATES v. SCULLY et al.

United States District Court, S. D. New York.

March 5, 1954.


Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., Washington, D. C., James B. Kilsheimer, III, Asst. U. S. Atty., New York City, of counsel.

James S. Regan, Jr., New York City, for defendant Patrick J. Scully.


GODDARD, District Judge.

Motion to dismiss the indictment against the defendant, Scully, for failure to warn him of his constitutional rights under the Fifth Amendment when he appeared before the grand jury.

On or about December 14, 1953, the defendant, Scully, was served with a subpoena to appear before the grand jury on December 17, 1953. Pursuant to the subpoena, he appeared and testified without claim of privilege. He says that he had not consulted an...

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