UNITED STATES v. KAPLAN

No. 313, Docket 20267.

156 F.2d 922 (1946)

UNITED STATES v. KAPLAN.

Circuit Court of Appeals, Second Circuit.

August 1, 1946.


Attorney(s) appearing for the Case

John F. X. McGohey, of New York City (Harold J. McAuley, of New York City, of counsel), for appellee.

Hartman, Sheridan, Tekulsky & Donoghue and Morris D. Reiss, all of New York City (Peter J. Donoghue, of New York City, Burton B. Turkus, of Brooklyn, N. Y., and Morris D. Reiss, of New York City, of counsel), for appellant.

Before SWAN, CLARK and FRANK, Circuit Judges.


FRANK, Circuit Judge.

The United States having confessed error in the introduction of certain exhibits, the judgment was reversed and the cause remanded for a new trial. The appellants have moved that the mandate be stayed and decision rendered on other errors which they contend require dismissal of the indictment.

Appellant Kaplan and a codefendant Elias (who pleaded guilty) were indicted under an indictment consisting of five counts, each specifically charging...

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