Legal Opinion · Dissent

United States v. John Merrill Hall, United States of America v. William King Nichols, United States of America v. James Kline Dever

Court of Appeals for the Ninth Circuit

Decided October 19, 1973No. 72-1841, 72-1842, 72-1737Published

1DissentFerguson, District Judge

I respectfully dissent from Part I of the court’s decision. In my view, 47 U. S.C. § 605 requires a reversal of the convictions.

Se'ction 605 provides in pertinent part:

“Except as authorized by chapter 119, Title 18, no person receiving any interstate communication by wire or radio shall divulge or publish the existence, contents, substance, purport, effect, or meaning thereof, except ... [in certain situations not here applicable]. No person not being authorized by the sender shall intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or…

2Cases cited11 opinions

  1. Ex Parte CollettSupreme Court of the United States · 1949
  2. Nardone v. United StatesSupreme Court of the United States · 1937
  3. United States v. OregonSupreme Court of the United States · 1961
  4. Lee v. FloridaSupreme Court of the United States · 1968
  5. United States v. Robert v. H. Sugden and Jean S. SugdenCourt of Appeals for the Ninth Circuit · 1955

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