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UNITED STATES v. GARFOLI

No. 14159.

324 F.2d 909 (1963)

UNITED STATES of America, Plaintiff-Appellant, v. Sam GARFOLI, also known as Sam Garafolo, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 23, 1963.

Attorney(s) appearing for the Case

Frank E. McDonald, U. S. Atty., John Powers Crowley, Chicago, Ill., James P. O'Brien, U. S. Atty. (John Peter Lulinski, Asst. U. S. Atty., of counsel), for appellant.

Julius Lucius Echeles, Chicago, Ill., for appellee.

Before DUFFY, SCHNACKENBERG and SWYGERT, Circuit Judges.

DUFFY, Circuit Judge.

The grand jury returned a 12-count indictment. In Counts 1 through 4, the indictment charged defendant, August DiCaro, with substantive violations of Title 26 U.S.C. § 4705(a) and Title 21 U.S.C. § 174. In Counts 5 through 11, the indictment charged DiCaro and Joseph Marassa with substantive violations of the same statutes.

Count 12 charged that from about June 1, 1962 and up to and including November 28, 1962, at Chicago, Illinois...

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