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HUTCHESON v. UNITED STATES

No. 17687.

320 F.2d 721 (1963)

Maurice A. HUTCHESON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 27, 1963.

Petition for Rehearing Denied August 1, 1963.

Attorney(s) appearing for the Case

Mr. Joseph P. Tumulty, Jr., Washington, D. C., for appellant.

Mr. William H. Willcox, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and William Hitz, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Senior Circuit Judge, and FAHY and WRIGHT, Circuit Judges.

PER CURIAM.

Appellant here is a victim of the time-honored rule that ordinarily an issue not properly raised in the trial court is not available on appeal as the basis for a claim of reversible error. Hutcheson was convicted of contempt1 of Congress for refusal to answer questions put to him by the Senate Select Committee on Improper Activities in the Labor or Management Field. In refusing to answer, appellant disclaimed his privilege...

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