Legal Opinion

United States v. Joseph Gernie and Edward Ogull

Court of Appeals for the Second Circuit

Decided May 26, 1958No. 24634_1PublishedCited by 94 opinions

1Opinion of the Court

LUMBARD, Circuit Judge.

The four principal questions on appeal are (1) whether there was sufficient •evidence to support Joseph Gernie’s conviction, (2) whether the court erred in denying defense motion to dismiss the indictment against Ogull because of entrapment, (3) whether the court erroneously restricted cross-examination of narcotic agent Wurms regarding the whereabouts of the government’s former special employee, Max Berner, who was not produced as a witness, and (4) whether it was error to call Benjamin Harell to testify in view of his claim of Fifth Amendment privilege.

Gernie and…

2Cases cited4 opinions

  1. Roviaro v. United StatesSupreme Court of the United States · 1957
  2. United States v. Eloy Joseph Romero and Ralph John ViscontiCourt of Appeals for the Second Circuit · 1957
  3. Sorrentino v. United StatesCourt of Appeals for the Ninth Circuit · 1947
  4. United States v. Joseph CioffiCourt of Appeals for the Second Circuit · 1957

3Cited by94 opinions

  1. Namet v. United StatesSupreme Court of the United States · 1963
  2. United States v. HeldtCourt of Appeals for the D.C. Circuit · 1981
  3. Hopkinson v. StateWyoming Supreme Court · 1981
  4. United States v. RoselliCourt of Appeals for the Ninth Circuit · 1970
  5. State v. SimonSupreme Court of New Jersey · 1979

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