William Cecil Pool v. United States

Appellant, one time Chief of Police of North Las Vegas, Nevada, was indicted on two counts of violating 18 U.S.C. § 242 , which reads, in material part:

Appellant was convicted by jury verdict on both counts. A motion for new trial was denied by the trial court and appellant was sentenced to one year imprisonment concurrently on each count. He' appeals here, 28 U.S.C. § 1291 ; 18 U.S.C. § 3772 , on the following grounds:

I. Errors Charged

A. Errors in Introduction of Evidence

(1) Error in refusing to strike from evidence a “voluntary statement” of the-District Attorney of Clark County.

(2) Error in permitting testimony of appellant’s wife (at the time, though later divorced) as to the manner in which appellant talked to a prisoner in her presence, over the objection such communications were privileged.

(3) Error in rejecting and later admitting a prior inconsistent statement of a prosecution witness.

B. Errors in Instructions to the Jury

(1) Failure to instruct the jury so as to explain and name the offense (even though appellant failed to except to the failure).

(2) Material variance between proof and indictment which was raised at end of government’s case (but not at…