UNITED STATES v. WHITE

Nos. 132, 133, Dockets 33446, 33447.

417 F.2d 89 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Francis D. WHITE and Gertrude W. White, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided October 10, 1969.


Attorney(s) appearing for the Case

Charles K. Rice, Buffalo, N. Y. (Albert R. Mugel, Buffalo, N. Y., and J. F. Henry DeLange, Lockport, N. Y., on the brief), for defendants-appellants.

Richard B. Buhrman, Atty., Dept. of Justice, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Dept. of Justice, and Joseph M. Howard, Atty., Dept. of Justice, Washington, D. C., on the brief), for plaintiff-appellee.

Before MOORE, HAYS and ANDERSON, Circuit Judges.


MOORE, Circuit Judge:

I.

The primary point urged by appellants upon this appeal relates to the voluntariness with which they produced, during the investigation of their affairs by a Special Agent of the Internal Revenue Service Intelligence Division, the great bulk of the evidence used against them at trial. During the investigative sessions at which the incriminating evidence came out, appellants were not told that a possibility then existed of criminal...

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