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DURBIN v. UNITED STATES

No. 11866.

221 F.2d 520 (1954)

Andrew T. DURBIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 4, 1954.

Attorney(s) appearing for the Case

Mr. Rex K. Nelson, Washington, D. C., with whom Messrs. Eugene X. Murphy and James K. Hughes, Washington, D. C., were on the brief for appellant.

Mr. John D. Lane, Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and William Hitz and Lewis A. Carroll, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee. Mr. William J. Peck, Asst. U. S. Atty., Washington, D. C., at the time the appeal was docketed, also entered an appearance for appellee.

Before EDGERTON, WILBUR K. MILLER, and BAZELON, Circuit Judges.

BAZELON, Circuit Judge.

Appellant was convicted by the District Court, sitting without a jury, upon an indictment under § 1073 of Title 18 U.S.C. That section provides in pertinent part:

"Whoever moves or travels in interstate or foreign commerce with intent * * * (2) to avoid giving testimony in any criminal proceedings in such place in which the commission of an offense punishable by imprisonment in a penitentiary is charged, shall be fined * * * or...

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