173 F.2d 570 | 4th Cir. | 1949
Appellant was convicted of endeavoring to influence a juror in violation of section 241 [now § 1503] Title 18 of the United States Code. The gist of the charge was that he feloniously and corruptly endeavored to influence a juror and the evidence was that he induced one Leslie Earl Martin to commit the crime of which the latter later was convicted and which was before this Court in Martin v. United States, 4 Cir., 166 F.2d 76. The questions raised by the appeal relate to the sufficiency of the indictment, the sufficiency of the evidence and the admissibility of the testim'ony as to the transactions occurring between Martin and the juror. All are entirely lacking in merit. The sufficiency of the indictment is sustained by a long line of decisions of this Court. Nye v. United States, 4 Cir., 137 F.2d 73; Ong v. United States, 4 Cir., 131 F.2d 175; Bersio v. United States, 4 Cir., 124 F.2d 310; Center v. United States, 4 Cir., 96 F.2d 127; Hill v. United States, 4 Cir., 42 F.2d 812; Belvin v. United States, 4 Cir., 12 F.2d 548, 550; Martin v. United States, 4 Cir., 299 F. 287, 288. In the case last cited, the rule here applicable was stated by the late Judge Rose in the following language: “The sufficiency of a criminal pleading should be determined by practical, as distinguished from purely technical, considerations. Does it, under all the circumstances of the case, tell the defendant all that he needs to know for his defense, and does it so specify that with which he is charged that he will be in no danger of being a second time put in jeopardy? If so, it should be held good. Section 1025, Revised Statutes, Comp. St. § 1691 [18 U.S.C.A. § 556
The evidence establishes that appellant, an attorney at law, approached Martin, a filling station operator, and told
There was no error and the judgment and sentence appealed from will be affirmed.
Affirmed.
Repealed by Act June 25, 1948, cl 645, § 21, 62 Stat. 862. See Federal Rules of. Criminal Procedure, Rule 52(a), 18 U.S. C.A,