Lefco v. United States Book Reviews

Lefco v. United States by Circuit Court of Appeals, Third Circuit Book Summary

In proof of Morris Weinroths connection with the conspiracy charged by the indictment, the government offered and, over objections, the court admitted testimony of several bank accounts standing in the name of E. Weinroth and showing deposits of checks drawn to that name by persons in some instances actually engaged in the conspiracy. In the petition for rehearing it is urged that there was no evidence that E. Weinroth, the payee and depositor of the checks, was Morris Weinroth, the defendant. True, the indictment described Morris Weinroth by an alias thus: "Morris Weinroth, alias E. Weinroth, trading as E. Weinroth." Under this description, or inferential allegation, no evidence was introduced either on the matter of the bank accounts or on any other matter that we can find (even with the governments aid) to prove that the two names were borne by the same man and none to connect the bank transactions with the defendant. The learned trial judge ruled that the description of the defendant by an alias in the indictment sufficiently connected him with the bank accounts in the name of the alias and, without more, admitted testimony of the bank accounts as those of the defendant. We are constrained to hold that the admission of testimony as to checks and deposits in the name of E. Weinroth, without testimony connecting Morris Weinroth, the defendant, with them, and the submission of the case with the testimony in that state were errors.

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Lefco v. United States (Circuit Court of Appeals, Third Circuit) Book Reviews 2024

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