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UNITED STATES v. LOWENTHAL

No. 342, Docket 23440.

224 F.2d 248 (1955)

UNITED STATES of America, Plaintiff-Appellee, v. Philip LOWENTHAL, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 27, 1955.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty. for the Southern District of New York, New York City (Howard A. Heffron, Asst. U. S. Atty., New York City, of counsel), for plaintiff-appellee.

Harry Rosenblatt, New York City, for defendant-appellant.

Before CLARK, Chief Judge, and MEDINA and HINCKS, Circuit Judges.

PER CURIAM.

It was the function of the jury to decide as between diametrically opposite versions of the matters here in controversy; and the evidence produced by the prosecution was more than sufficient to support the charge. While condensed, the main charge on the subject of character witnesses, to which no exception was noted, was correct as far as it went; and the request for an instruction "that in considering the character testimony offered by the defense, if...

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