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UNITED STATES v. GUTTERMAN

No. 83.

147 F.2d 540 (1945)

UNITED STATES v. GUTTERMAN.

Circuit Court of Appeals, Second Circuit.

January 15, 1945.

Attorney(s) appearing for the Case

Clyde Dart, of New York City (Domenic V. A. Della Volpe, of New York City, of counsel), for appellant, Maurice Alvin Gutterman.

T. Vincent Quinn, U. S. Atty., of Brooklyn, N. Y., (Vine H. Smith and Maurice Z. Bungard, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for appellee, United States of America.

Before L. HAND, AUGUSTUS N. HAND and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The defendant Gutterman was indicted under two counts (1) for raising the amount of a United States postal money order from $1 to $91, and (2) for wilfully, knowingly and feloniously passing it. He was convicted by a jury upon both counts and appeals to this court on the ground that the trial court (1) unlawfully refused to dismiss counsel who had been assigned to him but no longer had his...

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