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

Scalo v. United States

Scalo v. United States
U.S. Court of Appeals for the Third Circuit · Decided August 11, 1932
60 F.2d 1086 (Federal Reporter, Second Series)

Scalo v. United States

Opinion of the Court

PER CURIAM.

In this case we are of opinion that, strong as the case against the defendant was, the court, instead of leaving to the jury to decide the question whether the crime had *1087been committed, used language from which the jury might well infer that the underlying question whether the crime had been committed was withdrawn from the jury and decided by the judge.

Accordingly, we reverse the ease, and remand it for early retrial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.