UNITED STATES v. HARRIGAN

No. 78-1137.

586 F.2d 860 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Bernard HARRIGAN, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided November 14, 1978.


Attorney(s) appearing for the Case

Thomas G. Shapiro, Boston, Mass., by appointment of the court, with whom Silverglate, Shapiro & Gertner, Boston, Mass., was on brief, for appellant.

Sara Criscitelli, Atty., Dept. of Justice, Washington, D. C., with whom Edward F. Harrington, U. S. Atty., Stephen H. Jigger, Sp. Atty., Boston Strike Force, Boston, Mass., and Robert J. Erickson, Atty., Dept. of Justice, Washington D. C., were on brief, for appellee.

Before KUNZIG, Judge, U. S. Court of Claims, CAMPBELL and BOWNES, Circuit Judges.


BOWNES, Circuit Judge.

Defendant-appellant was convicted after a jury trial of illegal gambling under 18 U.S.C. §§ 2 and 1955. He assigns three errors by the district court as the basis of his appeal:

1. that the district court erroneously instructed the jury on the burden of proof;

2. that the district court erred in its comment on the evidence during the final instructions; and

3. that the district court's failure to suppress evidence...

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