United States v. Winter

BARD, District Judge.

The defendant was indicted under section 37 of the Criminal Code, 35 Stat. 1096, 18 U.S.C.A. § 88, for conspiring with one Fred Kaplan to violate Section 11 of the Selective Training and Service Act of 1940, ch. 720, 54 Stat. 894, 50 U.S.C.A.Appendix § 311.

Kaplan testified before the grand jury returning the true bill, pleaded guilty to the offense charged, and testified for the Government during the prosecution of the defendant, who was found guilty and who now moves for a new trial.

*628The most strongly urged reason for a new trial is that counsel for the defendant has…