The United States of America v. Nicholas A. Stirone

McLAUGHLIN, Circuit Judge.

Appellant was convicted upon an indictment charging a violation of the Hobbs Act, 18 U.S.C. § 1951, in that he, as a labor leader, extorted $31,274.13 from one William G. Rider by the use of threats of‘ labor trouble which would obstruct and prevent Rider from performing a valuable contract. Appellant’s previous conviction upon the same indictment had been reversed, Stirone v. United States, 361 U.S. 212, 80 S.Ct. 270, 4 L.Ed.2d 252 (1959) because an issue not charged in the indictment was submitted to the jury in that trial.

The first contention is that appellant was…