HELLMAN v. UNITED STATES

No. 16187.

298 F.2d 810 (1961)

John Cyril HELLMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 14, 1962.


Attorney(s) appearing for the Case

Robert A. Poore and Charles L. Zimmerman, Butte, Mont., for appellant.

Moody Brickett, U. S. Atty., Butte, Mont., J. Walter Yeagley, Asst. Atty. Gen., Kevin T. Maroney, Carol Mary Brennan, Attorneys, Dept. of Justice, Washington, D. C., for appellee.

Before STEPHENS and HAMLEY, Circuit Judges, and ROSS, District Judge.


HAMLEY, Circuit Judge.

This is an appeal from a judgment of conviction after a jury trial under an indictment based upon the membership clause of the Smith Act, 18 U.S.C.A. § 2385, third paragraph.1

During oral argument in this court opposing counsel joined in the suggestion that this appeal not be taken under submission until the Supreme Court had rendered its decision in Scales v. United States, then pending in that court...

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