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UNITED STATES v. TRUTENKO

No. 73-1606.

490 F.2d 678 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Walter TRUTENKO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 28, 1973.

Attorney(s) appearing for the Case

Richard T. Sikes, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., William T. Huyck and Arnold Kanter, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, and CUMMINGS and STEVENS, Circuit Judges.

STEVENS, Circuit Judge.

The principal question presented is whether a reference to the jurors' pecuniary interests during the prosecutor's closing argument constitutes reversible error. Although the remark was plainly improper, when it is considered "in relation to all else that happened" during the trial, we are convinced that it could have "had but very slight effect" upon the jury's deliberations. See Kotteakos v. United...

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