SCALES v. UNITED STATES

No. 7637.

260 F.2d 21 (1958)

Junius Irving SCALES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 6, 1958.

Certiorari Granted December 15, 1958.


Attorney(s) appearing for the Case

Telford Taylor, New York City (McNeill Smith, Bynum M. Hunter, Richmond G. Bernhardt, Jr., Greensboro, N. C.; Taylor, Scoll & Simon, New York City, and Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on brief), for appellant.

Victor C. Woerheide, Atty., Dept. of Justice, Washington, D. C. (J. Walter Yeagley, Acting Asst. Atty. Gen., James E. Holshouser, U. S. Atty., No. Wilkesboro, N. C., Harold D. Koffsky, Philip R. Monahan, Bruce J. Terris and Jerome L. Avedon, Attys., Dept. of Justice, Washington, D. C., on brief), for appellee.

Before SOPER and HAYNSWORTH, Circuit Judges, and BARKSDALE, District Judge.


Certiorari Granted December 15, 1958. See 79 S.Ct. 289.

SOPER, Circuit Judge.

This appeal is taken from a judgment of conviction under the membership clause of § 2(a) (3) of the Smith Act of June 28, 1940, 54 Stat. 670, 671, which has been codified in the U. S. Code of Crimes and Criminal Procedure in the third paragraph of 18 U.S.C. § 2385, as follows:

"Whoever organizes or helps or attempts to organize any society, group, or assembly of...

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