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FRANK v. UNITED STATES

No. 14279.

262 F.2d 695 (1958)

John Joseph FRANK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 20, 1958.

Attorney(s) appearing for the Case

Mr. Edward L. Carey, Washington, D. C., with whom Messrs. Walter E. Gillcrist and William M. Donnelly, Washington, D. C., were on the brief, for appellant.

Messrs. Jerome L. Avedon and Bruce J. Terris, Attorneys, Department of Justice, with whom Messrs. Harold D. Koffsky, Philip R. Monahan, and Plato C. Cacheris, Attys., Dept. of Justice, were on the brief, for appellee.

Before EDGERTON, Chief Judge, and PRETTYMAN and DANAHER, Circuit Judges.

EDGERTON, Chief Judge.

The appellant was convicted of violating the Foreign Agents Registration Act of 1938 by "wilfully" failing to register as agent of a foreign government and "wilfully" acting as agent without registering. 52 Stat. 631, as amended, 22 U.S.C.A. §§ 612, 618.

In the prosecutor's opening statement he referred not only to competent evidence, which was duly introduced, but also to evidence that the appellant had "denied any knowledge...

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