◆ SpookStack

ACTION BY THE CIRCUIT COURT OF APPEALS On December. 31, 1958, the Ctreutt Court of Appeals, Second Ctroutt, unanimously offtirned the order of Judge Ryan, Ontted Stotes Distrtot Court, dienteatng the defendante’ notion under Sectton #255. The optnton tn the Ctroutt Court of Appeal was written by Chief vudge Thomas Swan. In dtacussing the alleged prejudtetal newspaper publtetty, Judge Swan stoted, "yhen a defendant believes that pretrial publtctty has been such as to render imposstble the | selection of an inparttal jury; there are wellerecognized method of rateing thts teaue before the trial commences. He may wove for a change of venue or for a continuance until the public clan shall have subsided. The petitioners took neither of these cour On the votr dire the prospecttve Jurors were carefully questtone G8 to whether they had read or heard about the cose and a jury was selected satisfactory. to the defendanta, who did not even us oll the peremptory challenges pernttted then. yor do they alleg, thet any trfal juror was, tn fact, prejudiced by the publicity now asserted to have made a fair trial impopetble. Their presen position te obutously an afterthought tneptred by the hope of reversing the verdict by eppeal and Petitions for eertiorars.: ba ezcuse offered by eounsel for the Rosenbergs ts that he did ‘not realtse at the trial the extent and the tnflanes tory character 0, - 112 -