United States v. Polakoff

L. HAND, Circuit Judge.

The chief question on this appeal is the-competency of the accused’s declarations, made by telephone to the prosecution’s chief witness, Kafton. The indictment was for conspiring to obstruct justice (§ 241, Title 18 U.S.Code, 18 U.S.C.A. § 241) by influencing an assistant district attorney in his recommendation, of sentence to-the district judge. The case for the prosecution was in substance - as follows., Kafton had himself been indicted for deal--*889ing in narcotics, and the accused, Polakoff and Albert, agreed that if he would plead guilty and would pay them a sum of…