United States v. Toner

GOODRICH, Circuit Judge.

This is a war frauds case.' The defendant was indicted and convicted on six counts for conspiracy and substantive offenses. 1 Upon appeal he makes several points.

1. The Trial Court’s instruction concerning codefendant. Defendant was originally indicted with one, John F. McLaughlin. Immediately before trial McLaughlin pleaded nolo contendere. After the Trial Judge had charged the jury, the defendant’s counsel asked him to give an instruction “ * * * that the fact that McLaughlin pled guilty is not to be considered by the jury as any evidence whatsoever in determining…