UNITED STATES v. LIGHTFOOT

No. 11470.

228 F.2d 861 (1956)

The UNITED STATES of America, Plaintiff-Appellee, v. Claude Mack LIGHTFOOT, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Writ of Certiorari Granted March 26, 1956.


Attorney(s) appearing for the Case

Pearl M. Hart, Chicago, Ill., John J. Abt, New York City, George W. Crockett, Jr., Detroit, Mich., for appellant.

Robert Tieken, U. S. Atty., Chicago, Ill., Kevin T. Maroney, Atty., Dept. of Justice, Washington, D. C., William F. Tompkins, Asst. Atty. Gen., William F. O'Donnell, John F. Lally, John H. Davitt, Attys., Dept. of Justice, Washington, D. C., John Peter Lulinski, James B. Parsons, Asst. U. S. Attys., Chicago, Ill., Northern District of Ill., for appellee.

Francis Heisler, Chicago, Ill., Malcolm P. Sharp, President, National Lawyers Guild, New York City, John T. McTernan, Los Angeles, Cal., Warren Krinsky, Chicago, Ill. (Henry Heineman, F. Raymond Marks, Jr., Chicago, Ill., of counsel), for American Civil Liberties Union, amicus curiae.

Before DUFFY, Chief Judge, and LINDLEY and SWAIM, Circuit Judges.


Writ of Certiorari Granted March 26, 1956. See 76 S.Ct. 543.

DUFFY, Chief Judge.

Defendant was convicted after a jury trial on a one count indictment which charged violation of the "membership" clause of Section 2 of the Smith Act. 54 Stat. 671, 18 U.S.C. § 2385.1 The indictment was returned on May 14, 1954 and charged: 1) That, continuously since July 26, 1945, the Communist Party...

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