United States v. Dressler

Defendant bases his request for a new trial on the argument that incompetent evidence affected the jury’s recommendation of the death penalty. Disposition of his plea turns upon the correct answer to two questions: Did such evidence reach the jury? Was it prejudicial?

In considering the first question it is significant (a) that no adverse or erroneous ruling of the court admitted this evidence, and (b) satisfactory proof that it reached the jury or affected its deliberations is lacking.

What was the objectionable evidence? How (assuming it reached the jury) did such evidence reach them?

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