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HARVEY v. UNITED STATES

No. 202.

23 F.2d 561 (1928)

HARVEY et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

January 16, 1928.

Attorney(s) appearing for the Case

Julius Hallheimer and Goldstein & Goldstein, all of New York City (Jonah J. Goldstein, of New York City, of counsel, and John T. De Graff, of Albany, N. Y., on the brief), for plaintiffs in error.

Charles H. Tuttle, U. S. Atty., of New York City (J. Edward Lumbard, Jr., Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

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

1. The point most strongly urged as error is the admission of evidence of acts done by Harvey, or by Harvey and Warner, acting with other persons not named in the indictment. It is said that this amounted to the admission of evidence of distinct conspiracies not charged in the indictment and not tending to prove any disputed element of the crime charged. It is elementary that proof of independent crimes cannot...

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