Gussie Junior Murdock v. United States

LEWIS, Circuit Judge.

Defendant below was convicted upon the first three counts of a six count information charging violation of 18 U. S.C. § 2314, transporting or causing to be transported in interstate commerce forged or fictitious securities. The remaining counts were dismissed by the trial judge and withdrawn from the consideration of the jury before the prosecution had rested because of insufficient evidence to support the charges. Complaint is now made that the evidence received and heard by the jury in support of the counts dismissed was such as to so prejudice the jury that defendant…