Delaney v. United States, 5528.
| Decision Date | 05 July 1935 |
| Docket Number | No. 5528.,5528. |
| Citation | 77 F.2d 916 |
| Parties | DELANEY v. UNITED STATES. |
| Court | U.S. Court of Appeals — Third Circuit |
Minturn & Weinberger and Harry H. Weinberger, all of Newark, N. J., for appellant.
Walter B. Petry, Asst. U. S. Atty., and Harlan Besson, U. S. Atty., both of Trenton, N. J.
Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.
This is an appeal from a judgment of the District Court for the District of New Jersey. The defendant was charged, convicted, and sentenced upon three indictments, the first of which charged him with willfully failing to file an income tax return for the year 1927 in violation of 26 US CA § 1266, and the other two with willfully attempting to evade and defeat an income tax for the years 1928 and 1929 in violation of 26 USCA § 2146 (b).
The defendant was assistant business agent of a labor union. In 1927, 1928, and 1929 certain steel organizations paid him large sums of money to use his influence to avoid labor trouble. He admitted the receipt of these sums, but testified that he did not include them in his income tax returns because he gave them to one Theodore Brandle, his superior in the labor union. In rebuttal, Brandle denied receiving any money from the defendant. When cross-examined, Brandle admitted that he had pleaded guilty and been sentenced upon an indictment charging him with failure to report and pay an income tax. A plea of guilty under New Jersey law is equivalent to a conviction. Stewart v. Stewart, 93 N. J. Eq. 1, 114 A. 851. The defendant requested the court to instruct the jury that, in determining the credibility of the witness, it take into consideration the fact that he had previously pleaded guilty to the commission of a crime. The court refused this request. Since the defense was that the defendant had paid to Brandle all the money received from the steel organizations, Brandle's contradiction was of the utmost significance in its bearing upon the question whether the money received was income to the defendant. In New Jersey the refusal of a trial court to charge upon the effect of a prior conviction on the credibility of a witness is reversible error. State v. Mussikee, 101 N. J. Law, 268, 128 A. 591; State v. Sandt, 95 N. J. Law, 49, 111 A. 651. In an appeal from the District Court of New Jersey, we held that, in the absence of a rule of law in the federal courts of this circuit, a rule of the New Jersey courts controls. Mansbach...
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