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UNITED STATES v. BIRNBAUM

No. 88, Docket 30511.

373 F.2d 250 (1967)

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

United States Court of Appeals Second Circuit.

Decided February 10, 1967.

Attorney(s) appearing for the Case

David W. Peck, New York City (Ben Herzberg, Howard T. Milman, Frederick F. Greenman, Jr., Hays, Sklar & Herzberg, New York City, of counsel), for appellant.

Peter E. Fleming, Jr., New York City (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, Douglas S. Liebhafsky, Michael W. Mitchell, Asst. U. S. Attys., of counsel), for appellee.

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

IRVING R. KAUFMAN, Circuit Judge:

This Court is no stranger to this case. In September 1963, Saul I. Birnbaum was convicted by a jury of bribing and conspiring to bribe an Internal Revenue Agent. On appeal we reversed his conviction and ordered a new trial. On remand, a jury for the second time found the appellant guilty. Birnbaum now urges us to reverse this second conviction, claiming that the judge's charge to the jury was prejudicial and that certain evidence...

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