United States v. Holmes

O’CONNELL, Circuit Judge.

Defendant, an OPA investigator, was indicted and tried on charges of violating the extortion and bribery statutes. The jury found him not guilty of the former count, but guilty of the latter. Motions for a new trial and in arrest of judgment having been denied, defendant has taken the instant appeal.

The undisputed facts may be outlined as follows: Defendant was assigned to investigate one Seltzer, a retail meat dealer. Detecting what he deemed to be a sale by Seltzer not in accordance with OPA regulations, defendant had a discussion with him. On the following day,…