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ROSENBERG v. UNITED STATES

decided: December 8, 1958.

ROSENBERG
v.
UNITED STATES



Reported below: 257 F.2d 760.

[ 358 U.S. Page 904]

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted limited to question I presented by the petition for the writ which reads as follows:

[ 358 U.S. Page 905]

     "I. Is the rule of this Court in Jencks v. United States, 1957, 353 U.S. 657, a rule of mere procedure, or does it involve a defendant's constitutional rights? May a clear violation of this rule be harmless error? May the conceded error of a trial court in withholding from defense counsel prior statements of principal Government witnesses be excused because a Circuit Court finds that the defense was not hampered in cross-examination of those witnesses? Is it proper for a Circuit Court to determine what use defense counsel might have made of statements erroneously withheld?"

19581208

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