Nickell v. United States

MORROW, Circuit Judge.

This case was heard at a previous term of this court, and a decision rendered February 3, 1908. The case is reported in 161 Fed. 702, 88 C. C. A. 562, where the facts are fully stated. On January 6, 1908, the Supreme Court of the United States rendered a decision in the case of Williamson v. United States, 207 U. S. 425, 28 Sup. Ct. 163, 52 L. Ed. 278, reversing the judgment of the lower court, and remanding the case for a new trial for errors of the trial court in admitting certain testimony and instructing the jury upon the law. The plaintiff in error thereupon filed a…