UNITED STATES v. SKEENS

No. 23599.

449 F.2d 1066 (1971)

UNITED STATES of America, Appellant v. James T. SKEENS.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 1971.


Attorney(s) appearing for the Case

Mr. Broughton M. Earnest, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Charles R. Work, Asst. U. S. Attys., were on the brief, for appellant.

Mr. Allan M. Palmer, Washington, D. C. (appointed by this Court), for appellee.

Before BAZELON, Chief Judge, TAMM, Circuit Judge, and GIGNOUX, United States District Judge for the District of Maine.


GIGNOUX, District Judge:

This appeal presents the single question of whether the trial judge erred in setting aside a jury verdict of guilty and dismissing an indictment because of the refusal of the government to disclose the identity of an informant. For the reasons to be stated, we hold that, under the circumstances of this case, this was error.

I.

Appellee was indicted on August 10, 1967, along with a co-defendant, Francis Reichert, on one count...

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