Opinion
Nos. 4724, 4729, 4730, 4731, 4758, 4770.
May 7, 1932.
Appeals from the District Court of the United States for the District of New Jersey.
Jacob S. Glickenhaus and Richard M. Glassner, both of Newark, N.J., for appellants Crocke and Smith.
Harry Grossman, of Elizabeth, N.J., for appellants Evans and Mears.
Harry Heher, of Trenton, N.J., for appellants Luvendore and Carlow.
Jacob S. Glickenhaus, of Newark, N.J., for appellant Pollick.
Phillip S. Forman, U.S. Atty., and Walter B. Petry, Asst. U.S. Atty., both of Trenton, N.J.
Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.
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language from which the jury might well infer that the underlying question whether the crimes had been committed was withdrawn from them and decided by the judge.
Accordingly, we reverse the cases and remand them for retrial.