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  • John P. Sullivan v. United States, 222 F.2d 56, 1st Cir. (1955)

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    John P. Sullivan was indicted on eight counts of falsifying payroll time cards and presenting false claims for wages to the Post Office Department. He was found not guilty on the counts alleging offenses in December 1949, but guilty on the counts alleging offenses in December 1950. Sullivan appealed the judgment of sentence, arguing that the motion for acquittal was denied in error, that the jury should have returned a special verdict, and that there were errors in the jury instructions. The appellate court affirmed the district court's judgment, finding that the evidence supported the guilty verdict, that Sullivan did not request a special verdict, and that the jury instructions were clear, complete and accurate.

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    Filed: 1955-04-26 Precedential Status: Precedential Citations: 222 F.2d 56 Docket: 4855_1

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    John P. Sullivan was indicted on eight counts of falsifying payroll time cards and presenting false claims for wages to the Post Office Department. He was found not guilty on the counts alleging offenses in December 1949, but guilty on the counts alleging offenses in December 1950. Sullivan appealed the judgment of sentence, arguing that the motion for acquittal was denied in error, that the jury should have returned a special verdict, and that there were errors in the jury instructions. The appellate court affirmed the district court's judgment, finding that the evidence supported the guilty verdict, that Sullivan did not request a special verdict, and that the jury instructions were clear, complete and accurate.

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    8 views2 pages

    John P. Sullivan v. United States, 222 F.2d 56, 1st Cir. (1955)

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    Scribd Government Docs
    John P. Sullivan was indicted on eight counts of falsifying payroll time cards and presenting false claims for wages to the Post Office Department. He was found not guilty on the counts alleging offenses in December 1949, but guilty on the counts alleging offenses in December 1950. Sullivan appealed the judgment of sentence, arguing that the motion for acquittal was denied in error, that the jury should have returned a special verdict, and that there were errors in the jury instructions. The appellate court affirmed the district court's judgment, finding that the evidence supported the guilty verdict, that Sullivan did not request a special verdict, and that the jury instructions were clear, complete and accurate.

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    of 2

    222 F.

    2d 56

    John P. SULLIVAN, Defendant, Appellant,


    v.
    UNITED STATES of America, Appellee.
    No. 4855.

    United States Court of Appeals First Circuit.


    April 26, 1955.

    Thomas A. Flanagan, Boston, Mass., with whom Nathan Learner and


    Flanagan & Learner, Boston, Mass., were on brief, for appellant.
    Arthur I. Weinberg, Asst. U. S. Atty., with whom Anthony Julian, U. S.
    Atty., Boston, Mass., was on brief, for appellee.
    Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN,
    Circuit Judges.
    PER CURIAM.

    The appellant was indicted in eight counts for falsifying, or causing to be


    falsified, payroll time cards of the Post Office Department, and for presenting
    false claims for wages to that department. Four counts allege offenses during
    December 1949, and the other four counts allege offenses during December
    1950. A trial by jury on a plea of not guilty resulted in a verdict of not guilty on
    the counts alleging offenses in December 1949, and guilty on the counts
    alleging offenses in December 1950. The court sentenced to probation for two
    years conditioned upon restitution to the Post Office Department of $72.17
    within six months.

    On this appeal from the judgment of sentence the appellant contends that error
    was committed below in denying his motion for judgment of acquittal, in
    failing to require the jury to return a special verdict instead of the general
    verdict usual in criminal cases, and in the charge. None of these contentions
    deserves extended consideration. It will suffice to say that the record discloses
    sufficient evidence to support the verdict of guilty on the four counts alleging
    offenses in December 1950, that counsel for the appellant did not ask the court

    below to submit the case to the jury for a special verdict, and that instead of
    objecting to the charge before the jury retired to consider its verdict as required
    by Rule 30 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., he said to
    the court at that time, "I am satisfied." Furthermore, reading the charge does
    not disclose any plain error or defect affecting substantial rights calling for
    notice by this court under Rule 52(b), Id. On the contrary, the charge is clear,
    complete, and accurate.
    3

    The judgment of the District Court is affirmed.

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