ROSNER v. UNITED STATES

No. 216.

10 F.2d 675 (1926)

ROSNER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

March 1, 1926.


Attorney(s) appearing for the Case

Ferris, Shepard, Joyce & McCoy, of New York City (John E. Joyce, of New York City, of counsel), for plaintiff in error.

William A. DeGroot, U. S. Atty., of Brooklyn, N. Y. (Howard Osterhout, Asst. U. S. Atty., of Mineola, N. Y., of counsel), for the United States.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

Reduced to its lowest terms this indictment charges that the United States attorney wrote a note to Miller, requesting or directing him to come down to the courthouse and plead to an information lately filed against him. Rosner advised Miller not to go, and Miller obeyed the suggestion; therefore Rosner is said to be guilty under the quoted section of the Penal Code.

The turpitude of Rosner, and the...

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