Court of Appeals for the Ninth Circuit February 14, 1962, 16187_1 (John Cyril Hellman v. United States)

HAMLEY, Circuit Judge.

This is an appeal from a judgment of conviction after a jury trial under an indictment based upon the membership clause of the Smith Act, 18 U.S.C.A. § 2385, third paragraph.

1

During oral argument in this court opposing counsel joined in the suggestion that this appeal not be taken under submission until the Supreme Court had rendered its decision in Scales v.