United States v. Funk

FORD, Chief Judge.

The first question presented for decision relates to the admissibility of testimony of Mr. Philip Ardery by which the Government seeks to have him divulge a conversation with the defendant E. F. Prichard, Jr., which took place on the evening of November 7, 1948, at the home of Mr. Ardery in Frankfort, Ky.

At a preliminary hearing before the Court, out of the presence of the jury, it was shown that the conversation in question concerned subject matter in respect to which the defendant sought and received legal advice from Mr. Ardery, a regular practicing attorney, under…