Prichard (D) was a distinguished attorney. He was involved in election fraud activities. He consulted his attorney and then sought the advice of Judge Avery. Avery, an active judge, was D's friend. Avery had already called a grand jury to investigate election frauds, and he was supposed to instruct the jury as to its duties and the scope of the investigation. The district judge hearing the case admitted testimony concerning the conversation between D and Avery. D was convicted of conspiracy and appealed.

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