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McHALE v. UNITED STATES

Nos. 20598-20600.

398 F.2d 757 (1968)

Joseph C. McHALE, Appellant, v. UNITED STATES of America, Appellee. Martin J. McHALE, Appellant, v. UNITED STATES of America, Appellee. Robert L. McHALE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 11, 1968.

Certiorari Denied December 9, 1968.

Attorney(s) appearing for the Case

Mr. Carl L. Taylor, Washington, D. C. (appointed by this court), with whom Mr. Robert C. Maynard, Washington, D. C., was on the brief, for appellant in No. 20,598.

Mr. G. Nathan Calkins, Washington, D. C. (appointed by this court), for appellant in No. 20,599.

Mr. Francis C. Browne, Washington, D. C. (appointed by this court), for appellant in No. 20,600.

Mr. Lawrence P. Cohen, Atty. Department of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WRIGHT and TAMM, Circuit Judges.

Certiorari Denied December 9, 1968. See 89 S.Ct. 462.

BAZELON, Chief Judge:

Appellants, three brothers, were among several defendants tried jointly and convicted of mail fraud in connection with the operation of a debt consolidation business. The primary contentions of Robert and Joseph McHale are that the trial court should have granted their motions for severance. Joseph McHale also argues that the trial court improperly failed to instruct the jury on his...

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