Gay v. Graham

LEWIS, C. J.: This action is here on appeal for the second time. On the first appeal, this Court set aside a conviction under the false statement statute, 18 U.S.C.A. 1001, and ordered a new trial because of prejudicial error committed when the prosecutor was allowed to improperly crossexamine appellants character witnesses. The present appeal is from a second conviction after retrial of the case in the United States District Court for the District of Colorado. Reversal is sought upon a claim of insufficiency of the evidence to support the verdict and numerous assertions of prejudicial error committed during the trial. Appellant also challenges the constitutionality of 18 U.S.C.A. 3500 both as to its provisions and as construed and applied by the trial court.