Williams v. Bright

Rosenberger, J. P.

(dissenting). I respectfully dissent and would affirm the judgment Appealed. The Trial Judge charged the jury in a manner more favorable to the defendants than the opinion and holding in United States v Ballard (322 US 78), quoted and cited by the majority, would require.

Ballard involved a mail fraud prosecution in which the defendants allegedly misrepresented certain religious beliefs as part of a fraudulent scheme to sell memberships and literature and to solicit donations. The trial court recognized that it would be a violation of the Establishment Clause of the First…