Andrew J. Leonard v. United States

On the 24th day of January, 1958, appellant was committed to the custody of the Attorney General of the United States for imprisonment for a period of six years, following his conviction by a jury of the offense of transporting m interstate commerce a forged instrument, in violation of the provisions of Title 18 U.S.C.A. § 2314 . Notice of appeal was timely filed in this Court on the 31st day of January, 1958.

Jurisdiction of the district court was conferred by Title 48 U.S.C.A. § 101 . Jurisdiction of this Court is based upon Title 28 U.S.C.A. §§ 1291 and 1294, prior to the amendments appearing in Public Law 85-508, 72 Stat. 339. For such amendment see Parker v. McCarrey, 9 Cir., 1959, 268 F.2d 907 .

Appellant contends that the district court erred in admitting into evidence a written confession which appellant claims was obtained under circumstances of duress; in refusing to declare a mistrial because of alleged prejudicial misconduct of the prosecuting attorney in his opening statement; in the giving of an instruction to the jury in relation to the opening statement which appellant claims was inadequate and damaging; and in failing to grant a motion for acquittal based upon…