UNITED STATES v. HENDRIX

No. 1231, Docket 74-1603.

505 F.2d 1233 (1974)

UNITED STATES of America, Appellee, v. Wincel HENDRIX, Appellant.

United States Court of Appeals, Second Circuit.

Decided October 15, 1974.


Attorney(s) appearing for the Case

Gavin W. Scotti, Asst. U.S. Atty., E.D.N.Y. (David G. Trager, U.S. Atty., Raymond J. Dearie, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for appellee.

Michael A. Young, William J. Gallagher, The Legal Aid Society, New York City, for appellant.

Before OAKES, Circuit Judge, and FRANKEL and KELLEHER, District Judges.


FRANKEL, District Judge:

Convicted upon seemingly powerful evidence, and sentenced to concurrent terms of which the longer is for 10 years' imprisonment, the defendant complains that the trial judge committed reversible error by adding two years to what the sentence might otherwise have been because he was convinced beyond a reasonable doubt that the defendant had perjured himself. A lesser question is whether there was prejudicial impropriety in Judge Mishler's intervention...

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