United States v. Francis J. De Sisto

FRIENDLY, Circuit Judge.

On a former appeal, 289 F.2d 833 (2 Cir. 1961), we reversed De Sisto’s conviction for hijacking a truck loaded with silk goods shipped from Japan, in violation of 18 U.S.C. § 1951, because of errors in the trial. After a new trial before Judge Mishler and a jury De Sisto was again convicted. His appeal raises questions as to the sufficiency of the evidence in the light of a change in the identification testimony of the truck driver on cross-examination, as to the evidentiary status of the driver’s prior identification, and as to charges and omissions to charge. We…