John Leary v. United States

STEPHENS, Circuit Judge

(concurring).

I concur in Judge BARNES’ opinion as amended.

However, I have been, and yet am, troubled with the Frad v. Kelly, 302 U. S. 312, 58 S.Ct. 188, 82 L.Ed. 282, opinion. I agree that the judgment should be affirmed upon the timid ground that the court was de facto at least. Without further study, I cannot say that the judgment should be affirmed solely upon that ground.