Robert H. Jackson, United States v. Bayer — Opinion of the Court
“ It also would have been prejudicial to the other defendant, Radovich, who, with no chance to cross-examine or to comment would be confronted with a new item of evidence against him. The court seems to have faced a dilemma, either to grant a mistrial and start the whole case over again or to deny the Bayers' request. Certainly a defendant who seeks thus to destroy a trial must bring his demand within the rules of proof and do something to excuse its untimeliness. ”
