United States v. Michael Stone

Second Circuit

United States v. Michael Stone

291 F.2d 396, 1961 U.S. App. LEXIS 4145

CourtCourt of Appeals for the Second Circuit

DecidedJune 20, 1961

Docket423, Docket 26993

StatusPublished

Cited by1 cases

This text of 291 F.2d 396 (United States v. Michael Stone) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Michael Stone, 291 F.2d 396, 1961 U.S. App. LEXIS 4145 (2d Cir. 1961).

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Opinion

PER CURIAM.

The facts alleged in the affidavits attached to defendant’s notice of motion for a new trial dated April 29, 1961, if believed by a jury as they might well be, would seriously undermine any basis for convicting defendant on Count 2 of the indictment for failure to report the $3,000 payment of July 19, 1954, see 282 F.2d at page 553. Recognizing the limitations upon the scope of our review of an order denying a new trial, United States v. Johnson, 1946, 327 U.S. 106, 66 S.Ct. 464, 90 L.Ed. 562, we think nevertheless that under all the circumstances the denial here was erroneous. The new trial will, of course, include Count 1 of the indictment, the conviction on which was previously held to be subject to reversal for failure to furnish defendant with a copy of the grand jury minutes, 282 F.2d 551-552.

The judgment of conviction and the order denying a new trial are reversed and a new trial ordered. The appeal from the order denying a reduction in sentence is thereby rendered moot and the appeal therefrom is dismissed.

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PER CURIAM.

The facts alleged in the affidavits attached to defendant’s notice of motion for a new trial dated April 29, 1961, if believed by a jury as they might well be, would seriously undermine any basis for convicting defendant on Count 2 of the indictment for failure to report the $3,000 payment of July 19, 1954, see 282 F.2d at page 553. Recognizing the limitations upon the scope of our review of an order denying a new trial, United States v. Johnson, 1946, 327 U.S. 106, 66 S.Ct. 464, 90 L.Ed. 562, we think nevertheless that under all the circumstances the denial here was erroneous. The new trial will, of course, include Count 1 of the indictment, the conviction on which was previously held to be subject to reversal for failure to furnish defendant with a copy of the grand jury minutes, 282 F.2d 551-552.

The judgment of conviction and the order denying a new trial are reversed and a new trial ordered. The appeal from the order denying a reduction in sentence is thereby rendered moot and the appeal therefrom is dismissed.

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291 F.2d 396, 1961 U.S. App. LEXIS 4145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-michael-stone-ca2-1961.

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