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CAPUANO v. UNITED STATES

No. 1886.

9 F.2d 41 (1925)

CAPUANO v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

November 21, 1925.

Attorney(s) appearing for the Case

Thomas J. Boynton, of Boston, Mass. (James A. Hatton, of Boston, Mass., on the brief), for plaintiff in error.

George R. Farnum, Asst. U. S. Atty., of Boston, Mass. (Harold P. Williams, U. S. Atty., of Boston, Mass., on the brief), for the United States.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

Capuano was convicted of giving money as bribes to prohibition agents described in the indictment as "acting in behalf of the United States in an official function * * * as agents for the Commissioner of Internal Revenue."

His contention that it is no offense under section 39 of the federal Penal Code (Comp. St. § 10203) to bribe a prohibition agent, is without merit. Sears v. United States (C. C. A.) 264 F. 257, 260, and cases...

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