UNITED STATES v. BACHER

No. 28374.

430 F.2d 663 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Gerson BACHER, a/k/a George Bacher, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 13, 1970.


Attorney(s) appearing for the Case

James J. Hogan, Alan E. Weinstein, Miami Beach, Fla., for appellant.

Robert W. Rust, U. S. Atty., Morton Orbach, Neal R. Sonnett, Asst. U. S. Attys., William A. Daniel, Jr., Asst. U. S. Atty., Miami, Fla., for appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and CLARK, Circuit Judges.


PER CURIAM:

This is an appeal in a criminal tax case. Two questions are posed: (1) May a defendant assert as error on appeal the failure to give a charge to the jury which was specifically withdrawn? (2) Is a remark by the court in the presence of the jury that a loan which formed a part of the basis of the criminal charge was "probably illegal" so prejudicial to the defendant's substantial rights as to warrant a reversal, when an offer by the court to give any correcting...

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