(DOWNLOAD) "Stirone v. United States" by United States Court of Appeals for the Third Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Stirone v. United States
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 11, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This case is before us for the third time. After the conviction of the defendant for extortion under the Hobbs Act (18 U.S.C. 1951) 168 F. Supp. 490, which we affirmed on appeal, 262 F.2d 571 the Supreme Court reversed 361 U.S. 212, 80 S. Ct. 270, 4 L. Ed. 2d 252, on the ground that evidence beyond the scope of the indictment had been admitted into evidence. The matter was remanded to the district court for a new trial. Appellants brief would have it that appellee errs in saying that the second trial was under the same indictment. According to appellant, "* * * the Supreme Court actually held that indictment to be null and void." In fact the appellant was again tried under the original indictment and on October 6, 1961, again convicted. This court affirmed the conviction at 311 F.2d 277 (1962) and the Supreme Court denied certiorari, 372 U.S. 935, 83 S. Ct. 881, 9 L. Ed. 2d 766 (1963). The mandate from this court was filed in the district court on April 25, 1963 and the defendant was committed to the custody of the United States Marshal in accordance with the courts order of the same date. It was not until July 30, 1963, that a petition to vacate sentence under 28 U.S.C. 2255, was filed in the district court. Appellants attorney was the same one who had represented him at the first trial, on appeal from that conviction and on the second trial and appeal from its result.
 "Stirone v. United States" by United States Court of Appeals for the Third Circuit " eBook PDF Kindle ePub Free){kind=link}