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Keywords

defendanttrialtestimonyobjectiongrand jurypiracy

appealtrialwillobjectionsustainedappellantgrand jurypiracy

Related Cases

U.S. v. Brothman, 191 F.2d 70

Facts

In the summer of 1947, a federal grand jury in the Southern District of New York was investigating possible violations of espionage laws. Brothman and Gold were summoned to testify, and they, along with Moskowitz, conspired to provide false testimony. The conspiracy involved Brothman agreeing to give false testimony and informing Gold, who was also to provide false testimony. Moskowitz was implicated in assisting with the false narratives.

In the summer of 1947 a federal grand jury in and for the southern district of New York was conducting an investigation of possible violations of the espionage laws. Brothman and one Gold were summoned to appear as witnesses before this grand jury.

Issue

The main legal issues were whether the evidence was sufficient to prove Moskowitz's participation in the conspiracy and whether venue was properly established for Brothman's substantive offense.

Brothman's appeal raises a single issue, namely, failure to prove venue of the substantive offense. The appeal of Moskowitz challenges the sufficiency of the evidence to prove her participation in the conspiracy, and asserts prejudicial error in the prosecution's summation.

Rule

The court applied the principle that a defendant waives the right to challenge venue if they go to trial without objection when the indictment discloses a lack of venue.

Where the indictment discloses lack of venue, going to trial without objection to venue is a waiver.

Analysis

The court found that the evidence sufficiently demonstrated Moskowitz's involvement in the conspiracy, as she assisted in crafting false stories and was present during key discussions. However, for Brothman's substantive offense, the court noted that all actions took place outside the Southern District of New York, and since he raised the venue issue at the close of the prosecution's case, it was not waived.

An examination of the record convinces us beyond doubt that the contention is groundless. Without discussing the evidence in detail it will suffice to refer to a few incidents which indicate that she repeatedly assisted in making jibe the false stories of the two main actors.

Conclusion

The court affirmed the conspiracy conviction against both defendants but reversed Brothman's conviction for the substantive offense due to the failure to prove venue.

Accordingly Broghman's conviction on count 2 must be reversed. The conviction of both appellants on the conspiracy count is affirmed.

Who won?

The United States prevailed on the conspiracy count against both defendants, as the court found sufficient evidence of their involvement in the conspiracy to obstruct justice.

The court held that the evidence sustained the conviction but venue was not proved on the substantive offense and the objection was not waived.

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