DALEY ET AL.

v.

UNITED STATES

Citator

Cited By (20 total)

• United States v. Isidore Press, 336 F.2d 1003 (2d Cir. 1964)
  …United States, 376 U.S. 916, 84 S.Ct. 670, 11 L.Ed.2d 612 (1964); Shayne v. United States, 255 F. 2d 739, 743 (9th Cir.), cert. denied, 358 U.S. 823, 79 S.Ct. 39, 3 L.Ed.2d 64 (1958); Garner v. United States, 244 F. 2d 575 (6th Cir.), cert. denied, 355 U.S. 832, 78 S.Ct. 47, 2 L.Ed.2d 44 (1957). The decision to do so rests in the sound discretion of the court. Shayne v. United States, supra; C. I. T. Corp. v. United States, 150 F. 2d 85, 91 (9th Cir. 1945). Nevertheless, courts justi [*1017] fiably have be…
• United States v. Russo, 480 F.2d 1228 (6th Cir. 1973)
  …itting the jury to have the indictment during its deliberation since an instruction was given that the indictment is not evidence of guilt and only contains a statement of the charges. Garner v. United States, 244 F. 2d 575 (6th Cir.), cert. denied, 355 U.S. 832, 78 S.Ct. 47, 2 L.Ed.2d 44 (1957). The appellant did not object at the time the indictment was handed to the foreman and in fact made the statement that Dr. Russo had no objection to the indictment. Appellant complains that evidence of allegedly fr…
• United States v. Scales, 594 F.2d 558 (6th Cir. 1979)
  …*562] the jury in a criminal case as long as limiting instructions are given to the effect that the indictment is not to be considered as evidence of the guilt of the accused. See Garner v. United States, 244 F. 2d 575 (6th Cir. 1957), cert. denied, 355 U.S. 832, 78 S.Ct. 47, 2 L.Ed.2d 44; United States v. Russo, 480 F. 2d 1228, 1244 (6th Cir. 1973), cert. denied, 414 U.S. 1157, 94 S.Ct. 915, 39 L.Ed.2d 109 (1974). Such a charge was given in this case. Indeed, the actual indictment was submitted to the jury…