United States v. George Perkins Echols

RONEY, Circuit Judge:

The sole question presented on this appeal is whether a movie projectionist, who is sworn as a witness before the grand jury and then shows films to it, is a “witness under examination,” and therefore an authorized person before the grand jury, in accordance with Rule 6(d) of the Federal Rules of Criminal Procedure. The district court held he was not and, following a per se rule that excludes unauthorized persons from the grand jury room, dismissed the indictment. We reverse on the ground that the projectionist was a “witness under examination” within the meaning of Rule…