COWAN ET AL., TRUSTEES,

v.

HAMILTON NATIONAL BANK, TRUSTEE

Citator

Cited By

• Canella v. United States, 157 F.2d 470 (9th Cir. 1946)
  …umption, its persistence and its effect. These instructions, coupled with the charge on reasonable doubt and burden of proof, amply protected the rights of Canella. United States v. Nimerick, 2 Cir., 118 F. 2d 464, 152 A.L.R. 620, certiorari denied 313 U.S. 592, 61 S.Ct. 1117, 85 L.Ed. 1546; United States v. Newman, 2 Cir., 143 F. 2d 389, 390. In the latter case the court said: “ * * * The charge as to reasonable doubt certainly covered the question as to the burden of proof; and, if there still remains…
• United States v. Fernandez, 496 F.2d 1294 (5th Cir. 1974)
  …in Coffin that the presumption of innocence is evidence to be considered in favor of the accused. Harrell v. United States, 5 Cir. 1955, 220 F. 2d 516, 522; United States v. Nimerick, 2 Cir. 1941, 118 F. 2d 464, 467-468, 152 A.L.R. 620, cert. denied 313 U.S. 592, 61 S.Ct. 1117, 85 L.Ed. 1546. We have recently held that the presumption is definitely not evidence and that it was not error to refuse to instruct a jury that it is to be so considered. United States v. Thaxton, 5 Cir. 1973, 483 F. 2d 1071, 1073.4…
• United States v. Apuzzo, 245 F.2d 416 (2d Cir. 1957)
  …United States v. Chieppa, 2 Cir., 241 F. 2d 635; United States v. Tramaglino, 2 Cir., 197 F. 2d 928, 932, certiorari denied 344 U.S. 864, 73 S.Ct. 105, 97 L.Ed. 670; United States v. Nimerick, 2 Cir., 118 F. 2d 464, 152 A.L.R. 620, certiorari denied 313 U.S. 592, 61 S.Ct. 1117, 85 L.Ed. 1546. Indeed, one may doubt that the express admission of the prior arrest, which came in and was the subject-matter of cautionary instructions, was as hurtful to the defense as would have been the admission which the jury w…