PILLIS

v.

COMMISSIONER OF INTERNAL REVENUE

Citator

Cited By

• United States v. Skillman, 442 F.2d 542 (8th Cir. 1971)
  …ontends there was a fatal error. This contention is without merit. It is axiomatic that instructions must be read as a whole, and words or phrases cannot be read in isolation. Goings v. United States, 393 F. 2d 884, 885 (8th Cir. 1968), cert. denied 393 U.S. 883, 89 S.Ct. 191, 21 L.Ed.2d 158 (1968). The indictment was read to the jury, which in Count I includes a detailed description of the overt acts charged. The evidence adduced at trial clearly established a burglary. The jury was fully aware of the char…
• United States v. Morlang, 531 F.2d 183 (4th Cir. 1975)
  …n the basis of his own recollection, not the writing. See McCormick, Evidence, 2nd Ed. § 9. Proper foundation for such procedure requires that the witness’ recollection be exhausted. Goings v. United States, 377 F. 2d 753 (8th Cir. 1967), cert. den. 393 U.S. 883, 89 S.Ct. 191, 21 L.Ed.2d 158 (1968). A contrary holding would permit a party to substitute the prior statement of a witness for his actual testimony. The Supreme Court has considered a similar fact situation and, while holding that the grand jury t…
• United States v. Williams, 503 F.2d 480 (8th Cir. 1974)
  …fense, possession, can be proven by circumstantial evidence. United States v. Johnson, 412 F. 2d 787 (6th Cir.), cert. denied, 396 U.S. 993, 90 S.Ct. 959, 25 L.Ed.2d 124 (1969); United States v. Costanzo, 395 F. 2d 441, 446 (4th Cir.), cert. denied, 393 U.S. 883, 89 S.Ct. 189, 21 L.Ed.2d 157 (1968). Moreover, the jury must be free to intelligently review and evaluate all the evidence, drawing the logical consequence and inferences therefrom, in concluding whether possession has been established. In discussi…