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UNITED STATES v. BRENNAN

No. 11805.

214 F.2d 268 (1954)

UNITED STATES v. BRENNAN.

United States Court of Appeals District of Columbia Circuit.

Decided May 27, 1954.

Petition for Rehearing Denied June 18, 1954.

Attorney(s) appearing for the Case

Mr. John D. Lane, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis A. Carroll and Frederick G. Smithson, Asst. U. S. Attys., were on the brief, for appellant. Messrs. William J. Peck and William R. Glendon, Asst. U. S. Attys. at the time the record was filed, also entered appearances for appellant.

Mr. George B. Young, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of Court, with whom Mr. Thomas V. Lefevre, Washington, D. C., was on the brief, for appellee.

Before CLARK, FAHY and DANAHER, Circuit Judges.

FAHY, Circuit Judge.

Ray Brennan, the appellee, was indicted under 18 U.S.C. § 912 (Supp. 1952), set forth in the margin.1

Appellee filed a motion to dismiss, in the course of argument of which the Government advised the District Court that the only evidence it could adduce to support the indictment consisted of unsworn statements made by Brennan before members of the staff of the...

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