UNITED STATES v. BRANKER

No. 60, Docket 33517.

418 F.2d 378 (1969)

UNITED STATES of America, Appellee, v. Percy BRANKER, Appellant.

United States Court of Appeals Second Circuit.

Decided November 17, 1969.


Attorney(s) appearing for the Case

Richard Ben-Veniste, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York and Elkan Abramowitz, Asst. U. S. Atty., on the brief), for appellee.

Francis W. H. Adams, New York City (George F. Adams, New York City, on the brief), for appellant.

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


LUMBARD, Chief Judge.

Percy Branker appeals from his conviction by a jury of knowingly presenting false claims against the United States in violation of 18 U.S.C. section 287. He was sentenced to six months' imprisonment and probation of two years. The appeal raises two questions: whether the hearsay statements of Grover Cooper, a co-conspirator, were admissible, and whether it was proper to admit in evidence portions of Branker's testimony at a hearing held to establish...

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