Legal Opinion · Dissent

United States v. Johnson

Court of Appeals for the Third Circuit

Decided June 30, 1942No. 7795Published

1DissentJones, Circuit Judge

As I view the record in this case, the government’s cross-examination of the defendant so far exceeded the bounds of proper interrogation as, veritably, to work a denial of the fair trial to which the accused was entitled. If such is the case, then nothing less than a new trial can suffice to eradicate the harm of the error for it goes to a matter of substantial rights.

The indictment upon which the defendant was tried specifically charged him with willful and fraudulent evasion of taxes on his income for the years 1935, 1936 and 1937, and for no other year. Despite the permissible limits to…

2Cases cited8 opinions

  1. Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
  2. Bruno v. United StatesSupreme Court of the United States · 1939
  3. Raffel v. United StatesSupreme Court of the United States · 1926
  4. United States v. River Rouge Improvement Co.Supreme Court of the United States · 1926
  5. McCandless v. United StatesSupreme Court of the United States · 1936

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