278 F. 349 | 9th Cir. | 1922
(after stating the facts as above).
“At this time, if the court please, I think it is only fitting and proper that the jury be warned and cautioned that, so far as statements of Mr. Rossi are concerned, while they may be admissible as against him, in view of the fact that the conspiracy has long since ended, therefore any statements that Mr. Rossi made to him cannot in any event be considered binding upon any other defendant in this ease, or cannot be considered in any event as proof of a conspiracy, being a declaration of a past event. There should not be any confusion or misunderstanding as to the extent and limitation of this particular testimony. I .therefore move at this time that the jury be'so instructed.”
We have carefully considered the briefs and arguments, and, finding no error in the record, the judgment is affirmed.