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HARRISON v. UNITED STATES

No. 274.

7 F.2d 259 (1925)

HARRISON et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 6, 1925.

Attorney(s) appearing for the Case

John B. Johnston, of New York City (Anthony J. Ernest, of New York City, of counsel), for plaintiffs in error.

Emory R. Buckner, U. S. Atty., of New York City (William Berg, Asst. U. S. Atty., of New York City, of counsel), for defendant in error.

Before ROGERS, HOUGH, and HAND, Circuit Judges.

HAND, Circuit Judge.

Six defendants were indicted. All pleaded not guilty but eventually two changed these pleas, Turner and De Meglio, and pleaded guilty. A nolle prosequi was entered against another, Smith. The other three, Rush, Harrison, and Murphy, were brought to trial and convicted under all three counts. Rush took no writ of error, and the case comes up upon that of Harrison and Murphy alone.

The evidence allowed the jury to find the following facts...

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