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UNITED STATES v. BIRNBAUM

No. 428, Docket 28683.

337 F.2d 490 (1964)

UNITED STATES of America, Appellee, v. Saul I. BIRNBAUM, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 13, 1964.

Attorney(s) appearing for the Case

Mortimer Todel, Executive Asst. U. S. Atty. (Robert W. Morgenthau, U. S. Atty. for Southern District of New York, Bernard W. Nussbaum, John S. Martin, Jr., Andrew T. McEvoy, Jr., New York City, of counsel), for the United States of America.

David W. Peck, New York City (Hays, Sklar & Herzberg, Ben Herzberg, Leonard Schaitman, New York City, of counsel), for defendant-appellant.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge:

Saul I. Birnbaum appeals from his conviction in the United States District Court for the Southern District of New York after a jury trial. He was found guilty of bribing Internal Revenue Agent Harold Simon (count three) and of conspiring with Simon and others to do so (count one). Simon was named as a co-defendant but before trial pleaded guilty to the counts in which he was named.

The indictment was in four counts. Count one charged...

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