CARRIGAN v. UNITED STATES

No. 13118.

197 F.2d 817 (1952)

CARRIGAN v. UNITED STATES. CALMES v. UNITED STATES. DAVIDSON v. UNITED STATES.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 4, 1952.


Attorney(s) appearing for the Case

Leslie C. Gillen, San Francisco, Cal., James E. Burns, San Francisco, Cal., Clifton Hildebrand, Oakland, Cal., Joseph R. Deasy, Oakland, Cal., for appellant.

Chauncey Tramutolo, U. S. Atty., Macklin Fleming, Asst. U. S. Atty., James B. O'Grady, Asst. U. S. Atty., San Francisco, Cal. (James M. McInerney, Asst. Atty. Gen., Beatrice Rosenberg, Washington, D. C., Edward S. Szukelewicz, Attorneys, Brooklyn, N. Y., Department of Justice, of counsel), for appellee.

Before MATHEWS, STEPHENS and ORR, Circuit Judges.


ORR, Circuit Judge.

Appellants Carrigan, Calmes and Davidson (known as Jack Reynolds) separately appeal from a judgment of conviction on a charge of a conspiracy to defraud the United States, as defined in 18 U.S.C.A. § 371.

Notwithstanding appellants' separate appeals they have common grounds of complaint, viz., that the general conspiracy alleged in the indictment was not proved and that the Court misdirected the jury.

At all times pertinent...

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