v2639-1074
30
923-924, 38 L.Ed. 841; Mustek v. United States, 6
Cir., 2 F. 2d 710, 711 ; Hobart v. United States, 6 Cir.,
299 F. 784, 785.
When tested by the rule of the foregoing cases, the
conclusion cannot be avoided that appellant was de-
nied a fair trial by the new and superseding jury
charge given by the trial judge in the present case.
CONCLUSION.
Appellant therefore respectfully submits that judg-
ment and sentence should be reversed as to each
count.
Dated, San Francisco,
August 7, 1950.
Samuel Landau,
- Fairbanks,
Landau & Fairbanks,
- Soares,
Attorneys for Appellant.
Herbert Chamberlin,
Of Counsel.
(Appendix Follows.)
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