Donald W. Formhals v. United States

Appellant was convicted by a jury on three counts of an indictment charging him with violation of Title 18 U.S.C. § 1709 . He was sentenced to six months imprisonment on each count, the sentences running concurrently. Timely appeal was taken. Fed.R.Crim.P. 37(a) 18 U.S.C.

Six specifications of error are alleged. The last five have to do with the conduct of the trial. We shall consider these in turn, and then return to the first alleged error.

II — Failure to give an instruction that the jury should totally disregard evidence offered by the government, but ruled inadmissible by the trial judge.

We first note that no request was made by appellant for such an instruction. In the absence of “plain error,” this prevents our considering the matter on appeal. Fed.R.Crim.P. 52(b). Hill v. United States, 9 Cir., 1958, 261 F.2d 483, 489 . The document (Government’s Exhibit 4) was never introduced in evidence. The court properly and firmly excluded it when the government offered it.

It is true the government referred to it in the jury’s presence as an “admission”. No reference was made as to what the document purportedly admitted. When the government asked that further argument be had at…