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UNITED STATES v. McCRANE

No. 75-1643.

527 F.2d 906 (1975)

UNITED STATES of America, Appellee, v. Joseph M. McCRANE, Jr., Appellant.

United States Court of Appeals, Third Circuit.

Decided December 18, 1975.

Attorney(s) appearing for the Case

Edwin P. Rome, Thomas A. Bergstrom, Jerome R. Richter, Blank, Rome, Klaus & Comisky, Philadelphia, Pa., for appellant; J. Robert Lunney, Lunney & Crocco, New York City, of counsel.

John J. Barry, Bruce I. Goldstein, Mary-Anne T. Desmond, Asst. U. S. Attys., Jonathan L. Goldstein, U. S. Atty., Newark, N. J., for appellee.

Before GIBBONS, Circuit Judge, MARKEY, Chief Judge of Court of Customs and Patent Appeals and WEIS, Circuit Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

Letters written by the United States Attorney to prospective customers of a key government witness constituted Brady material which should have been disclosed to the defendant in this criminal case. The failure of the prosecution to do so requires a new trial on the affected counts. Convictions will be affirmed on other charges of aiding the preparation of false income tax returns by deducting political contributions...

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