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UNITED STATES v. SUNDSTROM

No. 395, Docket 73-1949.

489 F.2d 859 (1973)

UNITED STATES of America, Appellee, v. George Charles SUNDSTROM, Appellant.

United States Court of Appeals, Second Circuit.

Decided December 27, 1973.

Attorney(s) appearing for the Case

Alfred Lawrence Toombs, New York City, for appellant.

George E. Wilson, Asst. U.S. Atty. (Paul J. Curran, U.S. Atty., for the Southern District of New York, S. Andrew Schaffer, Asst. U.S. Atty., of counsel), for appellee.

Before KAUFMAN, Chief Judge, and SMITH and OAKES, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This appeal presents the rather unusual question of whether a successor judge can enter a conviction after his predecessor in a non-jury trial has made detailed factual findings, but has left the verdict open in order to consider an essentially legal defense. Because we believe Judge McLean, the trial judge, had decided all relevant factual questions against appellant before his untimely death...

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