MCCARTHY

v.

NEW YORK

Citator

Cited By (31 total)

• United States v. Calvert, 523 F.2d 895 (8th Cir. 1975)
  …d 512, 514 (9th Cir. 1971); United States v. Hutul, 416 F. 2d 607, 624 (7th Cir. 1969), cert. denied, 396 U.S. 1012, 90 S.Ct. 573, 24 L.Ed.2d 504 (1970); New England Enterprises, Inc. v. United States, 400 F. 2d 58, 70 (1st Cir. 1968), cert. denied, 393 U.S. 1036, 89 S.Ct. 654, 21 L.Ed.2d 581 (1969); United States v. Deaton, 381 F. 2d 114, 117-118 (2nd Cir. 1967). Having properly concluded that the evidence of the circumstances of Edwards’ death was relevant to the issue of intent, the trial court did not a…
• United States v. Hall, 536 F.2d 313 (10th Cir. 1976)
  …8, 93 S.Ct. 34, 34 L.Ed.2d 254 (1972); United States v. Musgrave, 483 F. 2d 327 (5th Cir.), cert. denied, 414 U.S. 1023, 94 S.Ct. 447, 38 L.Ed.2d 315 (1973); New England Enterprises, Inc. v. United States, 400 F. 2d 58 (1st Cir. 1968), cert. denied, 393 U.S. 1036, 89 S.Ct. 654, 21 L.Ed.2d 581 (1969). Apart from insufficiency of evidence, the power to withdraw charges from the jury is no longer disputed. Thomas v. United States, 398 F. 2d 531 (5th Cir. 1967); Overstreet v. United States, 321 F. 2d 459 (5th C…
• United States v. Wilkinson, 460 F.2d 725 (5th Cir. 1972)
  …n acted with an intent to defraud, it was not necessary that they also be told that they must find beyond a reasonable doubt that he acted without good faith. New England Enterprises, Inc. v. United States, 400 F. 2d 58 (1st Cir. 1968), cert. denied 393 U.S. 1036, 89 S.Ct. 654, 21 L.Ed.2d 581 (1969). The second portion of the charge Wilkinson contends was prejudicial concerns the instruction on specific intent. He objects specifically to the following language: The law provides a rebuttable presumption tha…