Dean R. Hansberry v. United States

This is an appeal from a jury verdict and judgment of the district court adjudging appellant guilty of embezzling public funds while he was a disbursing officer of the United States in violation of 18 U.S.C. § 653 . Jurisdiction below rested on 18 U.S.C. § 3231 , and here rests on 28 U.S.C. §§ 1291 and 1294.

Appellant was charged with embezzling $63,000 on unknown dates “between December 1955 and June 24, 1957.”

Five errors are asserted:

(1) Insufficiency of the evidence.

(2) Error in refusing to strike all evidence of appellant’s financial condition prior to June of 1957.

(3) Error in permitting the government to “prove” embezzlement by use of the “net worth theory.” (4) Insufficient instructions with respect to “net worth theory.”

(5) Error in instructing the jury on reasonable doubt.

Appellant conceded at oral argument that none of these points were urged below, or protected in the trial court. Appellant thus relies upon a showing of plain error. (Fed.R.Crim.P. 52(b), 18 U.S.C.A.)

An appellate court need not review an alleged error not urged below, Lawn v. United States, 1957, 355 U.S. 362 , note 16, 78 S.Ct. 311 , 2 L.Ed.2d 321 , in the absence of extraordinary…