FABIAN v. UNITED STATES

No. 85.

15 F.2d 696 (1926)

FABIAN v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

November 19, 1926.


Attorney(s) appearing for the Case

M. Michael Edelstein, of New York City, for plaintiff in error.

Emory R. Buckner, U. S. Atty., of New York City (Robert B. Watts, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before HOUGH, MANTON, and HAND, Circuit Judges.


PER CURIAM.

After careful examination of this record, we think the propositions of law concerning which plaintiff in error now complains were all set forth in the colloquial charge of the court, to which no exception was taken.

We repeat what was said in Gruher v. United States, 255 F. 474, 166 C. C. A. 550, as to our right to notice a plain error without exception, but we only do it to prevent injustice. This evidence shows conclusively that no injustice...

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