Smale v. United States

EVAN A. EVANS, Circuit Judge.

Plaintiffs in error were convicted under an indictment charging them and one Carroll with conspiracy to influence a juror, and to obstruct and impede the due administration of justice. Numerous errors were assigned in support of the writ of error, but on oral argument all were waived or abandoned save one, which dealt with the admission of evidence.

The objectionable evidence was elicited on rebuttal. A privileged communication was the asserted basis for the objection. Defendant Smale was without objection interrogated concerning a statement by him made to one…