Billy Maurice Ogden v. United States

BROWNING, Circuit Judge.

On appellant’s appeal from his conviction we remanded to permit the trial court to determine whether certain notes taken by F.B.I. agents during an interview with the witness Glass were a “statement” producible under the Jencks Act, 18 U.S.C.A. § 3500, and, if so, what became of the notes, and what consequences should follow the failure of the government to produce them at the trial. 303 F.2d 724, 737 (9th Cir., 1962).

After a hearing without a jury at which Glass and both F.B.I. agents testified, the trial court found that one of the agents took notes of the pertinent…