United States v. Newman

BOURQUIN, District Judge.

During the trial a fine was imposed upon defendants’ leading counsel, Mr. Caldwell. After verdict, with his consent, his associate, Mr. Sullivan, moved that it be remitted.

Later, and while the motion was under advisement, in open court the associate stated that “out of consideration for the court the assignments of error based on the incident and circumstances have been abandoned and will not be urged on appeal” — an ill-timed maneuver, to say the least. And it is observed that, if the court erred, no consideration for it will justify waiver to the prejudice of…