MARCUS v. UNITED STATES

No. 14013.

310 F.2d 143 (1962)

Arthur MARCUS, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals Third Circuit.

Decided November 28, 1962.


Attorney(s) appearing for the Case

Joseph A. Rosenthal, Wilmington, Del., (Cohen & Morris, Wilmington, Del., on the brief), for appellant.

Joseph Corey, Special Attorney, Dept. of Justice, Washington, D. C. (Herbert J. Miller, Jr., Asst. Atty. Gen., Alexander Greenfeld, U. S. Atty., on the brief), for appellee.

Before McLAUGHLIN and HASTIE, Circuit Judges, and DUMBAULD, District Judge.


DUMBAULD, District Judge.

Appellant, Arthur Marcus, a resident of Massachusetts, was called as a witness before a federal grand jury at Wilmington, Delaware, on April 2, 1962. He was advised of his rights under the Fifth Amendment, and thereupon refused to answer, relying upon his constitutional privilege against self-incrimination, when asked if he had been investigated by the Massachusetts Crime Commission in 1957 and whether he had in 1955 appealed to the Massachusetts...

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