Stanley Forman Reed

“ In neither instance was the petitioner given an opportunity to cross-examine; no witness produced the transcript; it was not certified as a part of the record from the trial court or as a part of the records of the agency. [11] The record certified to the Circuit Court of Appeals is the record on which the appeal is to be heard. Criminal Appeals Rules VIII and IX, 18 U.S.C.A. § 688.
The refusal to permit the accused to prove his defense may prove trivial when the facts are developed. Procedural errors often are. ”

“ Petitioner brings here for review his demurrer to the indictment and each count thereof. The Circuit Court of Appeals found the conspiracy count sufficient against an attack that in charging a conspiracy to violate the Securities Act of 1933 by selling unregistered securities, the count failed to charge that the securities so sold were not of the class exempted from registration under section three of the Act and the rules and regulations thereunder. ”

“ The parties must be given an opportunity to plead and prove their contentions or else the impression of the judge arising from sources outside the record dominates results. The requirement that allegations must be supported by evidence tested by cross-examination protects against falsehood. ”

“ United States, 260 U.S. 353, 357, 43 S.Ct. 132, 134, 67 L.Ed. 301.↑ Section 17 (a) (2) , Securities Act of 1933, 15 U.S.C. § 77q (a) (2) , 15 U.S.C.A. § 77q (a) (2) .↑ Criminal Code, section 215, 18 U.S.C. § 338, 18 U.S.C.A. § 338.↑ Cf. United States v. Rollnick, 2 Cir., 91 F.2d 911, 918; United States v. Montgomery, D.C., 21 F.Supp. 770; United States v. ”