(DOWNLOAD) "Melaragno v. United States" by Circuit Court of Appeals, Third Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Melaragno v. United States
- Author : Circuit Court of Appeals, Third Circuit
- Release Date : January 04, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The appellant in this case was convicted of making and fermenting mash fit for distillation in violation of section 3282, Rev. St., as amended, 26 U.S.C.A. § 1185, and of depositing and concealing 160 gallons of fermented wine in violation of section 3450, Rev. St., 26 U.S.C.A. § 1156. During the course of the trial the Assistant United States Attorney was permitted over the objection of appellants counsel to ask the appellant upon cross-examination: "Are you the same Patsy Melaragno that was convicted of having a 25-gallon still on the Melaragno farm, and sentenced February 10, 1925?" To which appellant answered: "Yes, sir." The only question to be determined upon this appeal is whether the court below erred in permitting this question to be answered. It is conceded that the offense referred to in the question was a misdemeanor and not a felony, and it is clear that it did not partake of the nature of a crimen falsi (Com. v. Schambers, 110 Pa. Super. 61, 167 A. 645), or involve moral turpitude. Bartos v. United States District Court (C.C.A.) 19 F.2d 722. The question for determination, therefore, may be stated to be whether evidence of his prior conviction of a misdemeanor which was not a crimen falsi and did not involve moral turpitude is admissible to attack the veracity of a witness in a criminal case.