FORCELLA

v.

NEW JERSEY

Citator

Cited By

• United States v. Octabio Gerard de Larosa, 450 F.2d 1057 (3d Cir. 1971)
  …1061] 826, 91 S.Ct. 52, 27 L.Ed.2d 56 (1970); De Carlo v. United States, 422 F. 2d 237 (9th Cir. 1970); United States v. Vita, 294 F. 2d 524 (2d Cir. 1961), cert, denied, 369 U.S. 823, 82 S.Ct. 837, 7 L.Ed. 2d 788 (1962) and Carmel v. United States, 369 U.S. 866, 82 S.Ct. 1032, 8 L.Ed.2d 85 (1962); Lockett v. United States, 374 F. 2d 883 (5th Cir. 1967). Apart from their constitutional objection appellants contend that there was insufficient evidence of guilt to support the verdict. This argument must be r…
• United States v. Maxie Thomas and Wilbur Wiggins, 396 F.2d 310 (2d Cir. 1968)
  …tion are affirmed. . Each defendant was sentenced to one year, sentence suspended, and placed on probation for two years. . Cf. United States v. Vita, 294 F. 2d 524, 530 n. 2 (2d Cir. 1961), cert. denied, 369 U.S. 823, 82 S.Ct. 837, 7 L.Ed.2d 788; 369 U.S. 866, 82 S.Ct. 1032, 8 L.Ed. 2d 85 (1962), which involved a “gloss” upon Rule 5, Fed.R.Crim.P. . The section was amended, effective September 1, 1967, to replace “crime” with “offense.” . Trial Transcript, p. 190. . Id. at 189-190. . On remand, the di…
• Miller v. United States, 354 F.2d 801 (8th Cir. 1966)
  …es on a motion by a defendant to exclude or suppress evidence was for the determination of the trial judge. See United States v. Vita, 2 Cir., 1961, 294 F. 2d 524, 528, certiorari denied, 369 U.S. 823, 82 S.Ct. 837, 7 L.Ed.2d 788, certiorari denied, 369 U.S. 866, 82 S.Ct. 1032, 8 L.Ed.2d 85 and cases cited therein. A reasonable explanation, one that must have been believed by the trial judge, as to why Sheriff McKee’s stamp indicated the warrant was received by him on January 14th is that, as McKee testifi…