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03/02/61 Ernest Mark High, v. United States of America

March 2, 1961

ERNEST MARK HIGH, APPELLANT

v.

UNITED STATES OF AMERICA, APPELLEE.



Before WILBUR K. MILLER, Chief Judge, and EDGERTON and DANAHER, Circuit Judges.

UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT. 1961.CDC.17

March 2, 1961.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MILLER

WILBUR K. MILLER, Chief Judge.

A two-count indictment returned against appellant on October 20, 1959, alleged that he was summoned, individually and as publisher of the Spotlight, to appear May 22, 1958, before the Senate Select Committee on Improper Activities in the Labor or Management Field to give testimony and produce certain papers concerning a matter under inquiry. Count one charged that he unlawfully failed and refused to appear to give testimony. Count two charged he unlawfully failed and refused to appear to produce the papers. On October 30, 1959, High was arraigned and entered a plea of not guilty.

On February 26, 1960, the appellant and his attorney, Murdaugh S. Madden, appeared before the late District Judge James W. Morris. William Hitz, Government counsel, was also present. The following occurred:

"Mr. Madden: May it please the Court, I am Murdaugh Madden, defense counsel for Mr. High. And Mr. High desires to change his plea from not guilty to guilty on count one. The United States Attorney has agreed to drop count two at the time of sentencing.

"The Court: Mr. Hitz, is this the case you were representing?

"Mr. Hitz: It is, Your Honor. I am in this case and I will drop count two at the time of sentence.

"The Court: All right. I take it this is satisfactory, then?

"Mr. Hitz: It is, Your Honor.

"The Court: You are charged in count one, the grand jury saying the defendant having been duly summoned as aforesaid did, in the District of Columbia, on the said May 22, 1958, unlawfully fail and refuse so to appear and give testimony and thereby willfully did make default.

"Do you understand that charge?

"The Defendant: I do, Your Honor.

"The Court: Well, did you do that?

"The Defendant: Yes, sir, I did.

"The Court: And you wish to plead guilty to that charge?

"The Defendant: Yes, sir.

"The Court: And you do that freely and ...


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