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POPPER v. UNITED STATES

No. 16445.

306 F.2d 290 (1962)

Martin POPPER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 5, 1962.

Attorney(s) appearing for the Case

Mr. Leonard B. Boudin, New York City, for appellant. Mr. David Rein, Washington, D. C., also entered an appearance for appellant.

Mr. Anthony G. Amsterdam, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson and William Hitz, Asst. U. S. Attys., were on the brief, for appellee. Messrs. Charles T. Duncan, Principal Asst. U. S. Atty., and John R. Schmertz, Asst. U. S. Atty., also entered appearances for appellee.

Before PRETTYMAN, Senior Circuit Judge, and BASTIAN and BURGER, Circuit Judges.

PER CURIAM.

Appellant was convicted of criminal contempt of Congress, under 2 U.S.C. § 192, for refusal to answer certain questions of a subcommittee of the House Committee on Un-American Activities. A pre-trial motion to dismiss the indictment filed on behalf of appellant alleged inter alia that "the indictment fails to set forth the question under inquiry * * *." This motion was denied and, at a subsequent trial before a jury, appellant was found guilty...

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