Crocke v. United States

U.S. Court of Appeals for the Third Circuit May 7, 1932

Crocke v. United States, 57 F.2d 1074 (3d Cir. 1932)

Opinion of the Court

PER CURIAM.

In these cases we are of opinion that, however strong the case against the defendants was, the court, instead of leaving to the jury to decide the question whether the crimes had been committed, used language from which the jury might well infer that the underlying question whether the crimes had *1075been committed was withdrawn from them and decided by the judge.

Accordingly, we reverse the cases and remand them for retrial.

Reference

Full Case Name: Joseph CROCKE v. UNITED STATES of America, Plaintiff-Appellee Harry EVANS v. UNITED STATES of America, Plaintiff-Appellee William MEARS v. UNITED STATES of America, Plaintiff-Appellee Charles SMITH v. UNITED STATES of America, Plaintiff-Appellee John LUVENDORE and Adam Carlow v. UNITED STATES of America, Plaintiffs-Appellee Abe POLLICK v. United States
Status: Published