United States v. Econuel Perry, Jr.

WILKEY, Circuit Judge:

Appellees are charged with robbing the Department of Commerce Credit Union on 22 January 1970. They were allegedly observed in the vicinity of the Credit Union just prior to the robbery by Mrs. Carlin P. Middleton, who subsequently testified against the appellees before the grand jury. Prior to trial the Government made available to the defense all the Jencks Act material for each of the witnesses it intended to call at the trial except for the grand jury testimony of Mrs. Middleton.1 For some undetermined reason the stenographic notes of Mrs. Middleton’s testimony had…