Summary
stating that the jury must be instructed on the elements of the substantive offense underlying the conspiracy
Summary of this case from United States v. BlumbergOpinion
No. 9131.
Argued January 20, 1947.
Decided February 12, 1947.
Appeal from the District Court of the United States for the District of New Jersey; Guy L. Fake, Judge.
Isadore Yasbin was convicted of an offense and he appeals.
Judgment reversed.
George R. Sommer, of Newark, N.J., for appellant.
Charles A. Stanziale, Asst. U.S. Atty., of Newark, N.J. (Edgar H. Rossbach, U.S. Atty., of Newark, N.J., on the brief), for appellee.
Before BIGGS and KALODNER, Circuit Judges, and McGRANERY, District Judge.
An examination of the record in this case discloses that while the trial judge charged the jury as to the elements of the crime of conspiracy he did not instruct them as to the elements of the substantive offence involved in the conspiracy. Consequently the judgment of conviction is reversed on the authority of United States v. Levy, 3 Cir., 153 F.2d 995, United States v. Noble, 3 Cir., 155 F.2d 315, and United States v. Max, 3 Cir., 156 F.2d 13.