FRANKEL

v.

UNITED STATES

Citator

Cited By

• United States v. Barash, 412 F.2d 26 (2d Cir. 1969)
  …counts has been followed in this Circuit since United States v. Cotter, 60 F. 2d 689, 690-691 (2d Cir.), cert. denied, 287 U.S. 666, 53 S.Ct. 291, 77 L.Ed. 575 (1932), see also United States v. Frankel, 65 F. 2d 285, 288-289 (2d Cir.), cert. denied, 290 U.S. 682, 54 S.Ct. 119, 78 L.Ed. 588 (1933), and we adhere to that practice here. Grand Jury Proceedings It is claimed that reversal of Barash’s conviction is required because of lack of competent evidence before the grand juries which indicted him. The in…
• United States v. DiLAPI, 651 F.2d 140 (2d Cir. 1981)
  …rdict as to less than all defendants and as to less than all counts. United States v. Cotter, 60 F. 2d 689 (2d Cir.), cert. denied, 287 U.S. 666, 53 5. Ct. 291, 77 L.Ed. 575 (1932); see United States v. Frankel, 65 F. 2d 285 (2d Cir.), cert, denied, 290 U.S. 682, 54 S.Ct. 119, 78 L.Ed. 588 (1933). Plainly Rule 31(b) would be violated if a trial judge were to tell a jury it may not return a partial verdict or were to refuse a jury’s request to return a partial verdict. But that is not what occurred here. Tho…
• Stevens v. United States, 306 F.2d 834 (5th Cir. 1962)
  …. 348 U.S. 911, 75 S.Ct. 289, 99 L.Ed. 714; United States v. Chiarella, 2 Cir. 1950, 184 F. 2d 903, reversed and remanded for resentencing, 341 U.S. 946, 71 S.Ct. 1004, 95 L.Ed. 1370; United States v. Frankel, 2nd Cir. 1933, 65 F. 2d 285, cert. den. 290 U.S. 682, 54 S.Ct. 119, 78 L.Ed. 588; Palno v. United States, 8th Cir. 1932, 58 F. 2d 111. A comment by the judge that a witness is not to be believed is prejudicial error unless instructions are given which make it clear that the court’s observation is not…