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CURIONE v. UNITED STATES

No. 291.

11 F.2d 471 (1926)

CURIONE et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

March 26, 1926.

Attorney(s) appearing for the Case

James O. Moore and Edward N. Mills, both of Buffalo, N. Y., for plaintiffs in error.

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Henry McK. Erb, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), for the United States.

Before HOUGH, MANTON, and HAND, Circuit Judges.

PER CURIAM.

We regard one point only as requiring opinion. Curione was indicted for bribery. The record shows that the prosecutor regarded his misdoing as indictable under the general bribery law (Criminal Code, § 39 [Comp. St. § 10203]), and the indictment charged that Curione did "offer and give a sum of money, to wit, two thousand dollars ($2,000.00), in lawful money of the United States, to Ellsworth H. Shaw...

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