SMITH v. UNITED STATES

No. 14039.

283 F.2d 16 (1960)

Robert James SMITH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

August 3, 1960.


Attorney(s) appearing for the Case

David N. Gorman, Cincinnati, Ohio (Eugene D. Smith, Cincinnati, Ohio, on the brief), for appellant.

Thomas Stueve, First Asst. U. S. Atty., Cincinnati, Ohio (Hugh K. Martin, U. S. Atty., Columbus, Ohio, Richard H. Pennington, Asst. U. S. Atty., Cincinnati Ohio, on the brief), for appellee.

Before CECIL and WEICK, Circuit Judges, and HOLLAND, Senior District Judge.


CECIL, Circuit Judge.

Smith was convicted by a jury in the District Court of the offense of telephoning the federal agency in charge of the Control Tower at the Greater Cincinnati Airport, false information that a bomb was on an outgoing civil aircraft. Title 18 U.S.C. § 35. He was fined $1,000 and sentenced to imprisonment for one year.

In his appeal, Smith claims the Trial Court erred in excluding testimony offered by the defense tending to impeach...

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