Bryan v. United States, 9851.

Decision Date08 April 1949
Docket NumberNo. 9851.,9851.
Citation174 F.2d 525
PartiesHelen R. BRYAN, Appellant, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — District of Columbia Circuit

Mr. Benedict Wolf, of New York City, of the bar of the State of New York, pro hac vice, by special leave of Court, and Mr. O. John Rogge, of Washington, D. C., for appellant.

Mr. Charles B. Murray, Asst. U. S. Atty., of Washington, D. C., with whom Mr. George Morris Fay, U. S. Atty., of Washington, D. C., was on the brief for appellee. Mr. John D. Lane, Asst. U. S. Atty., of Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, PRETTYMAN, and PROCTOR, Circuit Judges.

PER CURIAM.

Like the appellant in Fleischman v. United States, ___, U.S.App.D.C. ___, 174 F.2d 519, decided today, the present appellant has been convicted of willfully making default before the Committee on Un-American Activities of the House of Representatives after being summoned to produce before it the records of the Joint Anti-Fascist Refugee Committee. Unlike Fleischman, the present appellant was custodian of the records and refused to produce them before some members of the Congressional Committee on April 4, 1946. The court instructed the jury in effect that a quorum of the Congressional Committee was present. For reasons set forth in our opinion in the Fleischman case, we think this was a material question of fact which should have been submitted to the jury.

Reversed.

PRETTYMAN, Circuit Judge (dissenting).

I think that this judgment should be affirmed. The reasons for my dissent are stated in the dissenting opinion in Fleischman v. United States, ___ U.S.App.D.C. ___, 174 F.2d 519.

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2 cases
  • United States v. Bryan
    • United States
    • U.S. Supreme Court
    • May 8, 1950
    ...hearing on April 4, 1946, was a material question of fact in the alleged offense and should have been submitted to the jury. 84 U.S.App.D.C. 394, 174 F.2d 525. We granted a writ of certiorari, 338 U.S. 846, 70 S.Ct. 87, to consider this important question affecting the procedures of congres......
  • Fleischman v. United States
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • April 8, 1949
    ... ... The records were in possession of one Bryan, subject to control by an Executive Board of about 18 members of whom appellant was one. Long before April 4 Bryan, directed by other members of the ... ...

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