Nicholas A. Stirone v. United States

McLAUGHLIN, Circuit Judge.

This case is before us for the third time. After the conviction of the defendant for extortion under the Hobbs Act (18 U.S.C. 1951) 168 F.Supp. 490, which we affirmed on appeal, 262 F.2d 571 the Supreme Court reversed 361 U.S. 212, 80 S.Ct. 270, 4 L.Ed.2d 252, on the ground that evidence beyond the scope of the indictment had been admitted into evidence. The matter was remanded to the district court for a new trial. Appellant’s brief would have it that appellee errs in saying that the second trial was under the same indictment. According to appellant, “ * * * the…