UNITED STATES v. FRALEY

No. 75-1521.

538 F.2d 626 (1976)

UNITED STATES of America, Appellant, v. James Austin FRALEY, Sr., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 30, 1976.


Attorney(s) appearing for the Case

Joshua R. Treem, Asst. U.S. Atty., Baltimore, Md. (Jervis S. Finney, U.S. Atty. and Leonard M. Linton, Jr., Asst. U.S. Atty., Baltimore, Md., on brief), for appellant.

Before BRYAN, Senior Circuit Judge, and WINTER and BUTZNER, Circuit Judges.


ALBERT V. BRYAN, Senior Circuit Judge:

An indictment charging appellee Fraley, under 18 U.S.C. § 1510(a), with obstructing the communication of information of a suspected crime from a possible witness to a Special Agent of the United States Department of Agriculture was dismissed by the District Court on the ground that the statute did not fit Fraley's conduct. This conclusion, educed from the law's legislative history, is now appealed by the Government.

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