248 F.2d 608 - Daigle v. United States — 248 F.2d 608

How this case has been cited

Cited by 32 later decisions (1 by the Supreme Court) — most recently March 2012 · most notably United States v. Powell (1984), Briones v. State (1993)

11 federal appellate · 4 district · 12 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1See 78 S.Ct. 344.

¶2Mr. William H. Collins, Washington, D. C., for appellant.

¶3Mr. E. Tillman Stirling, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., and Messrs. Lewis Carroll and Joel Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

¶4Before Prettyman, Washington and Burger, Circuit Judges.

¶5PER CURIAM.

¶6Appellant was indicted in eight counts. The alleged offenses involved two transactions. As to each transaction the indictment charged, in successive counts, (1) embezzlement, (2) larceny, (3) forgery of a check, and (4) uttering of a forged check. He was convicted on the first count and given a sentence of imprisonment, which was suspended.

¶7Appellant urges error in the failure of the court to require the prosecution to elect as to counts, in the denial of motions for judgment of acquittal,1 in the court’s instructions to the jury, in the return by the jury of an inconsistent and antagonistic verdict, and in the court’s action in receiving a verdict of guilty on one count and directing a verdict of not guilty on another count. We have carefully considered the contentions, pressed upon us vigorously by counsel, but we find no error affecting substantial rights of the appellant.

¶8Affirmed.