BECHER v. UNITED STATES

No. 29.

5 F.2d 45 (1924)

BECHER et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 8, 1924.


Attorney(s) appearing for the Case

Gilbert & Black, of New York City (Charles H. Tuttle, of New York City, of counsel), for plaintiff in error Becher.

George Z. Medalie and Emanuel Harris, both of New York City, for plaintiff in error Friedberg.

Vine H. Smith, of New York City, for plaintiff in error Birnbaum.

John Holley Clark, Jr., of New York City, for the United States.

Before HOUGH and MANTON, Circuit Judges, and LEARNED HAND, District Judge.


LEARNED HAND, District Judge.

The three plaintiffs in error, in company with nineteen others, were indicted on June 29, 1923, upon nine counts, of which three alone remained at the trial, Nos. 1, 8, and 9. The first was for conspiracy to defraud the United States of customs duties and internal revenue taxes by the fraudulent withdrawal of 4,900 cases of whisky and 295 cases of champagne. The eighth was for a conspiracy to violate the National Prohibition Act (Comp...

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