Calabro v. United States

Third Circuit

Calabro v. United States

282 F. 272, 1922 U.S. App. LEXIS 2637

CourtCourt of Appeals for the Third Circuit

DecidedJune 29, 1922

DocketNo. 2886

StatusPublished

This text of 282 F. 272 (Calabro v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Calabro v. United States, 282 F. 272, 1922 U.S. App. LEXIS 2637 (3d Cir. 1922).

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Opinion

WOOLEEY, Circuit Judge.

This case is here on the record in Paoni and Smith v. United States, 281 Fed. 801, just decided, and differs from that case in only one circumstance, yet in the vital circumstance that the defendant has failed, to show that he had any witnesses who, had they been summoned, would have testified in his favor, or [273]*273any witnesses who could not, within the time limited by the trial court, be obtained by compulsory process. In other words the defendant, failing to show that he was prejudiced by the action of the trial court, raises on this writ of error an academic rather than a substantial question. Therefore the judgment below must be affirmed.

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WOOLEEY, Circuit Judge.

This case is here on the record in Paoni and Smith v. United States, 281 Fed. 801, just decided, and differs from that case in only one circumstance, yet in the vital circumstance that the defendant has failed, to show that he had any witnesses who, had they been summoned, would have testified in his favor, or [273]*273any witnesses who could not, within the time limited by the trial court, be obtained by compulsory process. In other words the defendant, failing to show that he was prejudiced by the action of the trial court, raises on this writ of error an academic rather than a substantial question. Therefore the judgment below must be affirmed.

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282 F. 272, 1922 U.S. App. LEXIS 2637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calabro-v-united-states-ca3-1922.

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