UNITED STATES v. McCARTHY

No. 62, Docket 21091.

170 F.2d 267 (1948)

UNITED STATES v. McCARTHY.

United States Court of Appeals Second Circuit.

October 28, 1948.


Attorney(s) appearing for the Case

John F. Wilkinson, of New York City (Oliver J. Harper, of New York City, of counsel), for appellant.

John F. H. McGohey, U. S. Atty., of New York City and Roy M. Cohn, of New York City (Frederick H. Block and Harold J. McAuley, Ass't. U. S. Attys., both of New York City, of counsel), for appellee.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.


PER CURIAM.

The only points raised on this appeal are: (1) That the indictment for conspiracy does not allege any overt act in which McCarthy took part; (2) that there was no evidence connecting him with the substantive offense; (3) that the judge gave wrong or inadequate instructions to the jury; (4) that the prosecutor abused his privilege when summing up the evidence to the jury. These points we will take up in that order.

The first point is answered by...

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