UNITED STATES v. ECHOLS

No. 76-1953.

542 F.2d 948 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. George Perkins ECHOLS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 20, 1976.


Attorney(s) appearing for the Case

Gerald J. Gallinghouse, U. S. Atty., Don M. Richard, Robert J. Boitmann, Asst. U.S. Attys., New Orleans, La., for plaintiff-appellant.

William M. Lucas, Jr., New Orleans, La., for George P. Echols & Internat'l Theaters Unlimited, Inc., d/b/a Toulouse Cinema.

Before AINSWORTH and RONEY, Circuit Judges, and ALLGOOD, District Judge.


RONEY, Circuit Judge:

The sole question presented on this appeal is whether a movie projectionist, who is sworn as a witness before the grand jury and then shows films to it, is a "witness under examination," and therefore an authorized person before the grand jury, in accordance with Rule 6(d) of the Federal Rules of Criminal Procedure. The district court held he was not and, following a per se rule that excludes unauthorized persons from the grand jury room...

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