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United States v. McCool

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


May 10, 1988

UNITED STATES OF AMERICA
v.
MCCOOL, JOSEPH T., APPELLANT

On Appeal from the United States District Court for the Middle District of Pennsylvania, Criminal Action No. 87-00018-02, District Judge: Honorable William W. Caldwell

Author: Greenberg

BEFORE: HIGGINBOTHAM, STAPLETON, and MORTON I. GREENBERG, Circuit Judges

JUDGMENT ORDER

MORTON I. GREENBERG, Circuit Judge

After consideration of the contentions raised by appellant in the above captioned matter, to wit, that (1) the weight of the evidence presented by the government was insufficient to support the verdict returned against him; (2) the court erred in admitting into evidence the tape recording of January 13, 1987, and (3) the court erred in its charge to the jury, thereby depriving him of his due process right to a fair trial in that

(A) the court misstated the definition of reasonable doubt, thereby minimizing the prosecution's burden of proof,

(B) the court failed to instruct the jury in accord with appellant's theory of defense instruction number 8 and

(C) the court failed to instruct the jury in accord with appellant's requested instruction number 15, it is

ADJUDGED and ORDERED that the judgment of the district court be and is hereby affirmed.

19880510

© 1998 VersusLaw Inc.



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