The following excerpt is from United States v. Sansone, 206 F.2d 86 (2nd Cir. 1953):
Could we be sure that the jury was not substantially influenced adversely to the appellant, the judgment might be upheld "But if one cannot say, with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected. The inquiry cannot be merely whether there was enough to support the result, apart from the phase affected by the error. It is rather, even so, whether the error itself had substantial influence. If so, or if one is left in grave doubt, a conviction cannot stand." Kotteakos v. United States, supra, 328 U.S. at page 765, 66 S.Ct. at page 1248.
Judgment reversed and cause remanded.
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