WILSON

v.

HEINZE, WARDEN, ET AL.

Citator

Cited By

• Isaacs v. United States, 301 F.2d 706 (8th Cir. 1962)
  …y, that Rule 51, Federal Rules of Criminal Procedure (same as Rule 46, Federal Rules of Civil Procedure) contemplates-that the objection should be made at the time of the improper argument. In United States v. Kyle, 2 Cir., 257 F. 2d 559, cert. den. 358 U.S. 937, at p. 564, 79 S.Ct. 327, 3 L.Ed.2d 308, that Court stated: “What defendants now characterize as ‘inflammatory and personal vituperation’ and a ‘heated appeal to passion’ by the prosecutor on sum-' mation apparently failed to stir ei [*736] ther of…
• Alastair Kyle v. United States, 297 F.2d 507 (2d Cir. 1961)
  …e before this Court on appeal from a judgment [*509] convicting petitioner and others of conspiracy to violate the mail fraud statute, 18 U.S.C. §§ 371, 1341 and 1342, and of substantive violations thereof, 257 F. 2d 559 (2 Cir. 1958), cert. denied, 358 U.S. 937, 79 S.Ct. 327, 3 L.Ed.2d 308 (1959). It came here again on appeal from the denial, without an evidentiary hearing, of an application under 28 U.S. C. § 2255 to vacate the sentence, 266 F. 2d 670 (2 Cir. 1959). Both appeals were unsuccessful. The…
• United States v. Isidore Press, 336 F.2d 1003 (2d Cir. 1964)
  …pellants planned to outlast dissatisfied members, retaining purchase payments and membership fees without making efforts to carry out the obligations that had been incurred. Cf. United States v. Kyle, 257 F. 2d 559, 562 (2d Cir. 1958), cert. denied, 358 U.S. 937, 79 S.Ct. 327, 3 L.Ed.2d 308 (1959). There was, in sum, sufficient evidence from which the jury might have found that appellants knowingly and wilfully embarked on a scheme to defraud in the course of which they made representations reasonably calcu…