JACOBS

v.

WARDEN, MARYLAND PENITENTIARY

Citator

Cited By

• United States v. Borelli, 336 F.2d 376 (2d Cir. 1964)
  …anner. United States v. Sherman, 2 Cir., 171 F. 2d 619, 621-622 (1948), cert. denied sub nom. Whelan v. United States, 337 U.S. 931, 69 S.Ct. 1484 (1949), but see Baber v. United States, 116 U.S.App.D.C. 358, 324 F. 2d 390, 394 (1963), cert. denied, 376 U.S. 972, 84 S.Ct. 1139, 12 L.Ed.2d 86 (1964). The Government’s bills of particulars should not have been sent to the jury in the absence of any request on its part; the accusation is that made in the indictment, and submission of bills of particulars, eve…
• Allison v. United States, 409 F.2d 445 (D.C. Cir. 1969)
  …107 F. 2d 292, 296 (1939), where we held that, in proving a simple assault upon a child, “it is immaterial whether there is submission or resistance thereto.” Compare Baber v. United States, 116 U.S.App.D.C. 358, 324 F. 2d 390 (1963), cert. denied, 376 U.S. 972, 84 S.Ct. 1139, 12 L.Ed.2d 86 (1964), where we reversed a conviction of assault with intent to rape an adult female because the Government failed to establish purpose to use force. . Appellant argues that, where the evidence does not exclude every…
• Clarice A. Copes v. United States, 345 F.2d 723 (D.C. Cir. 1964)
  …ensive cross-examination both as to her testimony and as to all prior statements made by her. See Baber v. United States, 116 U.S.App.D.C. 358, 324 F. 2d 390 (1963), cert. denied after resentence and denial of petition to appeal in foriina pauperis, 376 U.S. 972, 84 S.Ct. 1139, 12 L.Ed.2d 86 (1964), and Harrod v. United States, 58 App.D.C. 254, 29 F. 2d 454 (1928). In the latter case we said that since the declarants were available and testified, “It could not, therefore, substantially prejudice the defenda…