Niznik v. United States. Comodor v. United States

These cases have been before this court on prior appeals in which judgments of conviction were reversed and the causes remanded for new trial. Niznik v. United States (Comodor v. United States), 173 F.2d 328. In our opinion, in which the facts relating to the controversy were fully set forth, we outlined certain uncontradicted testimony of appellants, stating that if such testimony on retrial should be substantially the same and undisputed, appellants would he entitled to acquittals.

On the retrial in which appellants were again convicted, their testimony was substantially the same, but…