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DI CARLO v. UNITED STATES

Nos. 192, 199.

6 F.2d 364 (1925)

DI CARLO v. UNITED STATES. RUFFINO v. SAME.

Circuit Court of Appeals, Second Circuit.

March 9, 1925.

Attorney(s) appearing for the Case

Louis L. Thrasher and John S. Leonard, both of Jamestown, N. Y., for plaintiff in error Di Carlo.

Ernest W. McIntyre, of Buffalo, N. Y., for plaintiff in error Ruffino.

William J. Donovan, of Buffalo, N. Y., for the United States.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HAND, Circuit Judge.

The defendants, with others, were indicted under two indictments, one for obstructing justice and intimidating a witness (section 135 of the Criminal Code [Comp. St. § 10305]), and the other for conspiracy to intimidate and to injure a person who had testified as a witness (section 136 of the Criminal Code [Comp. St. § 10306]). Each indictment had two counts, and the two were consolidated and tried as one. Di Carlo was convicted on both...

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