O'CONNOR v. UNITED STATES

No. 13049.

240 F.2d 404 (1956)

Harvey O'CONNOR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 20, 1956.


Attorney(s) appearing for the Case

Messrs. Leonard B. Boudin, New York City, and Gerhard Van Arkel, Washington, D. C., for appellant.

Mr. William Hitz, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll, and Harold D. Rhynedance, Jr., Asst. U. S. Attys., were on the brief for appellee.

Mr. E. Ladd Thurston, Washington, D. C., filed a brief on behalf of American Civil Liberties Union as amicus curiae, urging reversal.

Before EDGERTON, Chief Judge, and FAHY and BURGER, Circuit Judges.


PER CURIAM.

Appellant was convicted by a District Judge, trial by jury having been waived, of contempt of Congress as defined in 52 Stat. 942 (1938), 2 U.S.C. § 192 (1952).1 The indictment charged that in testifying before the Permanent Subcommittee on Investigations of the Senate Committee on Government Operations appellant refused to answer the question "whether he was a member of the Communist conspiracy" when he wrote certain...

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