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LICAVOLI v. UNITED STATES

No. 15764.

294 F.2d 207 (1961)

Peter LICAVOLI, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 16, 1961.

Petition for Rehearing Denied March 14, 1961.

Attorney(s) appearing for the Case

Mr. Joseph W. Louisell, Detroit, Mich., of the bar of the Supreme Court of Michigan, pro hac vice, by special leave of court, for appellant. Mr. Joseph H. Lesh, Washington, D. C., was on the brief for appellant.

Mr. William Hitz, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., and Mr. Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before PRETTYMAN, DANAHER and BASTIAN, Circuit Judges.

Petition for Rehearing En Banc Denied March 14, 1961.

PRETTYMAN, Circuit Judge.

Appellant was indicted, tried by jury, and convicted of failing and refusing to appear before the Senate Select Committee on Improper Activities in the Labor or Management Field, after having been subpoenaed to appear. His principal point here is that the trial judge erred in refusing to instruct the jury that if the accused acted upon the advice of counsel they should acquit;...

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