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Supreme Court — Part 12
Page 91
91 / 114
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"It will be interesting to see what the
Su Cowt does with the case of
| Bala convicted Communist
Yeader, if it reaches it on appeal.
Scales waa the Communist Party's
leader in North Carolina and Tennad-
eee and was arrested in Memphis by
the FEI for violation of the Smith
Act. He was convicted in 1055 aad
gentenced to six years iinprisonment.:
When the Supreme Court made tts
gecurity-damaging Jencxs Case de-
@ision, the ScaLes verdict was set
aside.
La Oe Taser = 8 att! be
The JENCKS Geci ision, a OWiui oc re-
dalled, requires that certain FBI files
be made available to defendants.
BcaLesS Was retried, some files were
fhade available to him and again In
Was eonvicted Last Friday he was
entenced to alx years imprisonment,
t gave notice of appeal and will re-
main free on bond until there is fink!
determination in the case.
\& is one of the paradoxes of Federal
law enforcement, especially that re-
lated to internal security, that the
Supreme Court would uphold the
Smith Act which makes it a felony to
teach or advocate violent overthrow of
the Government and then follow that
action with a series of decisions which
give all the bresks to defendants tried
tnder its provisions.
That the Government obtained a
conviction a second time and after
Scates had taken advantage of the
JENCKA decision testifies to the meticu-
lous manner in which the FBI accumu-
lated its evidence as well as to Scars’ |
undenisble’ guilt.
ROT RECORDED
126 AR 12 19s:
ee A ST
a
| PEARCHED..
Mr. Holloman
Mies Gaady____.
THE COMMERCIAL APPEAL
MEMPRIS, TENNESSEF
DATE_2-24-58
”
iO MAR 3 1958 6: An
‘
‘
ANDEXED
BEX RIALIZED.. nmineed LED.
tEB 24 1958
FBI - MEMPHIS
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