United States v. Ham

Third Circuit Court of Appeals

Argued Jan. 23, 1947.

Decided March 12, 1947.

Third Circuit Court of Appeals · decided 1947-03-12

Cited by 2 later decisions — most recently April 1966

1 state decisions

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1947-03-12

View the full empirical analysis of this case →

¶1- William V. Azzoli, of Newark, N. J., for appellant.

¶2Charles J.' Tyne, of Newark, N. J. (Edgar H. Rossbach, U. S. Atty., of Newark, N. J., on the brief), for appellee.

¶3Before BIGGS and KALODNER, Circuit Judges, and McGRANERY, District Judge.

¶4PER CURIAM.

¶5We have examined the briefs and the record in this case. The evidence was sufficient to warrant submitting the case to the jury and to support the verdict. The exclusion of exhibit No. D-3 for identification was not prejudicial error. While the question and the remark of the Assistant United States Attorney, objected to by the defendant, were improper, they were not of such a character as to affect seriously the fairness of the proceedings. The motions for mistrial were properly denied. The trial judge’s charge was adequate and fair.

¶6Accordingly the judgment of conviction is affirmed.