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SMITH v. PENNSYLVANIA

No. 561.

376 U.S. 354 (1964)

84 S.Ct. 763

11 L.Ed.2d 753

SMITH v. PENNSYLVANIA.

Supreme Court of United States.

Decided March 9, 1964.

Attorney(s) appearing for the Case

William T. Coleman, Jr. for petitioner.

Frank P. Lawley, Deputy Attorney General of Pennsylvania, for respondent.

Solicitor General Cox filed a memorandum for the United States.

Melvin L. Wulf for the American Civil Liberties Union, Greater Philadelphia Branch, et al., as amici curiae, in support of the petition.

PER CURIAM.

Prior to commencement of petitioner's trial for assault and battery upon state police officers, he served upon the local office of the Federal Bureau of Investigation a subpoena duces tecum calling for the production of "[s]tatements of all witnesses, diagrams, sketches and photographs taken in connection with" the FBI's investigation of the incident which formed the basis for the criminal prosecution. The FBI had made the investigation in response...

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