DWYER v. UNITED STATES

No. 225.

17 F.2d 696 (1927)

DWYER et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

February 7, 1927.


Attorney(s) appearing for the Case

Benjamin F. Spellman and Howard H. Spellman, both of New York City, for plaintiff in error Dwyer.

Emanuel Tacker, of New York City, for plaintiff in error Cohron.

Emory R. Buckner, U. S. Atty., and Herman T. Stichman, Asst. U. S. Atty., both of New York City.

Before HOUGH, MANTON, and HAND, Circuit Judges.


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

A considerable number of exceptions have been called to our attention regarding the admission or rejection of evidence, and particularly evidence of declarations or acts of persons said not to be proven conspirators. There is also complaint that caution in accepting the evidence of accomplices was not sufficiently insisted upon, and further complaint that the prosecution was not compelled to elect as to the...

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