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UNITED STATES v. ROSE

No. 1010, Docket 73-2760.

500 F.2d 12 (1974)

UNITED STATES of America, Appellee, v. Cecil Grafton ROSE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 10, 1974.

Attorney(s) appearing for the Case

Michael B. Mukasey, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty. for the S. D.N.Y., and S. Andrew Schaffer, Asst. U. S. Atty., on the brief), for appellee.

E. Thomas Boyle, St. James, N. Y. (William J. Gallagher, The Legal Aid Society, Fed. Defender Service Unit, New York City, on the brief), for defendant-appellant.

Before LUMBARD and HAYS, Circuit Judges, and JAMESON, District Judge.

LUMBARD, Circuit Judge:

Cecil Grafton Rose appeals from a judgment of conviction entered after a three-day trial before Judge Brieant and a jury in the Southern District of New York. An indictment filed July 13, 1973 charged Rose in three counts with impersonating a federal officer and in such pretended character obtaining money and other things of value in violation of 18 U.S.C. § 912. Following dismissal of the first count because of a material variance between...

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