UNITED STATES v. KRAVITZ

No. 13774.

303 F.2d 700 (1962)

UNITED STATES of America, Appellee, v. Herman KRAVITZ, Appellant.

United States Court of Appeals Third Circuit.

Decided June 1, 1962.

Rehearing Denied June 26, 1962.


Attorney(s) appearing for the Case

Stanford Shmukler, Philadelphia, Pa. (Angelo D. Malandra, Camden, N. J., on the brief), for appellant.

Richard A. Levin, Asst. U. S. Atty., Newark, N. J. (David M. Satz, Jr., U. S. Atty., Newark, N. J., on the brief), for appellee.

Before KALODNER, STALEY and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

Appellant is a federal prisoner who is serving a ten year sentence for income tax evasion. Proceeding under Section 2255 of Title 28 United States Code, he has asked the District Court for the District of New Jersey, where he was tried, to set aside his conviction, alleging that his trial was fundamentally unfair. The court dismissed his petition without taking testimony. The prisoner has appealed.

Appellant's first contention requires...

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