August 11, 1932
NUNZIO SCALO, APPELLANT,
UNITED STATES, APPELLEE.
Appeal from the District Court of the United States for the District of New Jersey; George M. Bourquin, Judge.
Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.
In this case we are of opinion that, strong as the case against the defendant was, the court, instead of leaving to the jury to decide the question whether the crime had been committed, used language from which the jury might well infer that the underlying question whether the crime had been committed was withdrawn from the jury and decided by the judge.
Accordingly, we reverse the case, and remand it for early retrial.
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