NASH v. UNITED STATES

No. 228.

54 F.2d 1006 (1932)

NASH et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

January 4, 1932.


Attorney(s) appearing for the Case

Siegel & Corn, of New York City (Isaac Siegel and Jacob Corn, both of New York City, of counsel), for Richard Nash.

Sylvester & Harris, of New York City (Charles L. Sylvester, of New York City, of counsel), for Philip de Stefano.

George Z. Medalie, U. S. Atty., and John A. Wilson, both of New York City (Livingston Hall, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge.

The guilt of the defendants is so plain that only some serious blunder in the conduct of the trial should result in a reversal. Today, under section 391 of title 28 of the U. S. Code (Jud. Code, § 269, 28 USCA § 391), we no longer assume that all errors are prejudicial, but regard the whole record with an eye to the substantial correctness of the result. Haywood v. U. S., 268 F. 795 (C. C. A. 6); Simpson v. U. S., 289 F. 188 (C. C...

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