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UNITED STATES v. CATALANO

No. 272, Docket 26002.

281 F.2d 184 (1960)

UNITED STATES of America, Appellee, v. Charles CATALANO, Appellant.

United States Court of Appeals Second Circuit.

Decided May 16, 1960.

Attorney(s) appearing for the Case

Charles Catalano, pro se; argued by Edward Q. Carr, Jr., New York City.

Cornelius W. Wickersham, Jr., U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Margaret E. Millus, Asst. U. S. Atty., Brooklyn, N. Y., on the brief), for appellee.

Before CLARK and FRIENDLY, Circuit Judges, and JAMESON, District Judge.

PER CURIAM.

Defendant complains because the district judge failed to accord him a hearing on his claims of improper attendance of the prosecutor in the jury room during their deliberations. But he relies only on hearsay statements attributed to a deputy marshal whom he cannot now name or identify. And the claimed extraordinary malfeasance is specifically and convincingly answered by the affidavit of the public official accused...

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