UNITED STATES v. SPANGELET

No. 390, Docket 25127.

258 F.2d 338 (1958)

UNITED STATES of America, Appellee, v. Leo SPANGELET, Appellant.

United States Court of Appeals Second Circuit.

Decided August 1, 1958.


Attorney(s) appearing for the Case

Maurice Edelbaum, New York City (Chester E. Kleinberg, New York City, of counsel), for appellant.

George I. Gordon, Asst. U. S. Atty., for Southern District of New York, New York City (Arthur H. Christy, U. S. Atty., S. D. N. Y., New York City, on the brief, for appellee.

Before HINCKS and WATERMAN, Circuit Judges, and RYAN, District Judge.


HINCKS, Circuit Judge.

The defendant appeals after a conviction on counts of smuggling and conspiracy to smuggle.

The major point raised on appeal is the trial court's refusal to follow the procedure set forth in Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103, when the defendant's counsel requested to see the grand jury testimony of the major government witness during that witness's cross-examination. The...

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