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CUCCHIA v. UNITED STATES

No. 4821.

17 F.2d 86 (1927)

CUCCHIA et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 2, 1927.

Attorney(s) appearing for the Case

Elmo Johnson and Chas. G. Dibrell, both of Galveston, Tex., for plaintiffs in error.

H. M. Holden, U. S. Atty., of Houston, Tex. (R. F. Wiseheart and Howell Ward, Asst. U. S. Attys., both of Houston, Tex., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Cucchia and Megna were convicted, under section 39 of the Criminal Code,1 of offering and giving a bribe to two prohibition agents, with intent to induce those agents not to prosecute Cucchia for a violation of the National Prohibition Act (Comp. St. § 10138¼ et seq.).

The evidence discloses without conflict that Cucchia was released from jail, where he was being held for a violation of the National...

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