UNITED STATES v. MARTIN

No. 294, Docket 23344.

223 F.2d 666 (1955)

UNITED STATES of America, Appellee, v. Ronald Everett MARTIN, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 10, 1955.


Attorney(s) appearing for the Case

Leonard P. Moore, U. S. Atty., Eastern Dist. of N. Y., Brooklyn, N. Y., Paul Windels, Jr., Asst. U. S. Atty., Brooklyn, N. Y., of counsel, for appellee.

Milton H. Spiero, New York City, for defendant-appellant.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and DIMOCK, District Judge.


DIMOCK, District Judge.

Appellant was convicted of conspiracy and of robbing a national bank. Two of the witnesses against him were named McKinney and Oberkirch. They had been indicted as co-conspirators with defendant and had pleaded guilty to counts in the same indictment but had not been sentenced at the time when they testified against him. Appellant complains because the trial court instructed the jury: "it does not...

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