Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

UNITED STATES of America v. George GOGEL and Tessie Gogel, Defendants.

          IRVING R. KAUFMAN, District Judge.

          By this motion, defendants seek an opportunity to inspect the transcript of an unsigned question and answer statement given by the defendant George Gogel to an agent of the Bureau of Internal Revenue. In an opinion filed earlier today, I denied a similar motion seeking examination of a defendant's statements in a bribery case. United States v. Louie Gim Hall, D.C.S.D.N.Y.1956, 18 F.R.D. 384. I there held that the limited discovery provisions of Rule 16 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., do not extend to statements made by defendant to government agents, and that Rule 17(c) cannot be used as a device to circumvent this restriction. Pre-trial inspection under Rule 17(c) will only be granted pursuant to a subpoena duces tecum issued by defendant in a legitimate effort to obtain possible evidence where it appears that postponing production of the requested documents until trial time will tend unreasonably to delay the trial. As I stated in my earlier opinion, it is doubtful if defendant intends to use such a statement as evidence; further, should he so intend, the trial will not be unreasonably delayed in order to afford counsel the time necessary at the trial to inspect the 16 page document which is being withheld. Motion denied. So ordered.

Use AI to get other relevant cases.

Comments

United States v. Gogel
(Jan 12, 1956)