Dolan v. United States

HAWLEY, District Judge.

For the former opinion in this case see Dolan v. United States, 116 F. 578, 54 C.C.A. 34. The court granted a rehearing herein in order that the whole case might be again reviewed. One of the instructions is deserving of a careful consideration. It reads as follows: “If from the evidence you find that, at the time Wilson Misc.er made the statement as testified to by Palmer, the defendant Dolan was already in collusion and conspiracy with the defendants Allen and Hawkins, or, as a result of the communication of the statement made by Misener, Dolan joined Allen and…