United States v. David Ransom Heath

This case arises over the dismissal of an indictment. The right of defend ant to have the government produce for inspection and copying before trial documents which the trial judge found necessary for the defense of defendant and which the Internal Revenue agents had received from him with his consent has been here contested. The power of the District Court to order production of such documents to the end that defendant have a fair trial has been challenged. Finally, the key question is whether the government is by statute accorded an appeal from dismissal of indictment for inability of the prosecution to comply with the condition precedent of production and then proceed to trial.

An order was entered by the United States District Court for the District of Hawaii, dismissing an indictment charging defendant David Ransom Heath with willful attempt to evade and defeat payment of income tax due from him and his wife. This order was the ultimate result of a very complicated procedural situation, which must be unraveled before the jurisdiction to entertain the appeal can be discussed.

Primarily, after indictment had been returned, Heath moved for an order under Rule 16, Federal Rules…