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to present to a grand jury infor- mation relating to petitioners' tax lia- bility derived from them. Upon this application, Judge Foley, sitting in Albany, signed an ex parte order dated February 26. 1960, requiring the United States attorney to show cause on the judge's next scheduled motion day at
, denied permanent injunction but granted declaratory relief in favor of the plaintiff. On appeal by the county prosecutor, the Court of Appeals, Tjoflat, Circuit Judge, held that: (1) injunctive relief was properly denied where reasonable prosecutor could believe there was probable cause that those
uested 1 such relief, see Zamore Goldblatt, 2 Cir., 1953. 201 F.2d 738, t e stay was to continue only until the next motion day of the court in Albany, and the issue would doubtless have been settled long ago if the government had complied with the order to show cause instead of taking this appe
46, Marcia G. Cooke, J., granted motion, and denied Government's motion for reconsid- eration. Government appealed. Holding: The Court of Appeals, Tjoflat, Circuit Judge, held that counts were not multiplicitous and did not violate Double Jeopardy Clause. Reversed and remanded with instructions. 1.
murder a corpse; it is also legally impossible to attempt to do that which it is factually impossible to do. On the second appeal, which I argued in Albany, the court agreed that my client could not be convicted of murder because “man dies but once,” but it concluded that he should be convicted of attemp
out the different types of perjury I had discussed. He replied that “perjury is the same, regardless of the circumstances.” I then responded to Judge Tjoflat’s view: I think this committee is doing a terrible disservice to the rule of law and to the sanctity of the oath by trivializing the differences, as
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