UNITED STATES v. DOCKERY

Nos. 6249, 6250.

294 A.2d 158 (1972)

UNITED STATES, Appellant, v. Mary Elizabeth DOCKERY, Appellee. UNITED STATES, Appellant, v. Myra Annetha WITHERSPOON, Appellee.

District of Columbia Court of Appeals.

Decided June 23, 1972.

Rehearing Denied August 30, 1972.


Attorney(s) appearing for the Case

Ann S. DuRoss, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Lawrence T. Bennett, Asst. U. S. Attys., were on the brief, for appellant in both cases.

Robert M. Weinberg, Washington, D. C., with whom Robert E. Clem, Washington, D. C., was on the brief, for appellee Myra A. Witherspoon.

Peter Weisman, Washington, D. C., with whom Stephen S. Millstein, Washington, D. C., was on the brief, for appellee Mary E. Dockery.

Before KERN, GALLAGHER, and REILLY, Associate Judges.


REILLY, Associate Judge:

Under a Congressional statute popularly known as the Jencks Act,1 a defendant in a criminal prosecution may, after a witness called by the Government has testified on direct examination "in the trial of the case", obtain from the Government any statement or report such witness has previously made, provided the court after ordering the Government to produce such material, rules that the contents relate to the subject...

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