United States v. Albert L. Dunn

The principal issue in this appeal from a conviction of conspiracy to counterfeit United States currency is whether certain marginally prejudicial irregularities, when combined with an extremely thin case for the prosecution, require a new trial.

The only evidence connecting Albert Dunn with the conspiracy was the testimony of one of the counterfeiters who was caught in the act of manufacturing money and who was granted immunity for testifying against Dunn. All of the so-called corroborating evidence of Dunn’s cooperation in the venture was consistent with his innocence. He lent the counterfeiters four chairs and a hot plate, of the type for heating water. He agreed to lend them additional items, such as a desk and an electric space heater, but the arrest put the printers out of business before Dunn could deliver the desk and heater.

As noted, the evidence of criminal knowledge upon Dunn’s part was nonexistent (other than the testimony of Wexler, the immunized witness). In this context, we consider the two principal grounds urged for reversal.

The least serious irregularity, if it was error at all, was the refusal of the court to delay sentencing so that a new attorney, who had…