(DOWNLOAD) "United States v. Trice" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Trice
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 17, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
This is a direct appeal from a conviction on two counts of an indictment charging unlawful possession of a check stolen from
the United States mail and embezzlement of the proceeds of the check, in violation of 18 U.S.C. 1702 and 1708. The jury
found the defendant not guilty of the first count charging the taking of the envelope and its contents from the mail. Two issues are presented on the appeal: (1) whether there was sufficient evidence to support the verdict of the jury; and
(2) whether the District Judge committed reversible error at the time of sentencing by refusing to permit counsel for defendant
to inspect a memorandum prepared by counsel for co-defendant and delivered by him to the probation officer. The United States
Attorney stated that an "unusual circumstance" had come to his attention in that the probation officer had a report from the
co-defendant's counsel, who was in the courtroom. The United States Attorney commented that "I think it is apropos on the
matter of sentencing. * * *" Thereupon he handed the report or memorandum to the District Judge, who read it and commented
that "I'm going to give him exactly the same sentence I was going to give him before I read this because this is not controlling
on the sentence matter." The attorney for appellant asserted that he had a right to see the report, but this request was denied.
The District Court proceeded to sentence defendant to the custody of the Attorney General for a period of one year and six
months on the second and third counts of the indictment, the sentences to run concurrently.
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