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WISSEL v. UNITED STATES

No. 74.

22 F.2d 468 (1927)

WISSEL et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

November 14, 1927.

Attorney(s) appearing for the Case

Joseph F. X. Malloy, of Jersey City, N. J. (Martin Conboy, of New York City, of counsel), for plaintiff in error Ritz.

David V. Cahill, of New York City, for other plaintiffs in error.

Charles H. Tuttle, U. S. Atty., of New York City (Herman T. Stichman, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

The plaintiffs in error were tried on an indictment containing three counts, charging a criminal conspiracy beginning November 1, 1925, and continuing until July 21, 1926. Each count was based upon the same transaction. The overt acts in all three counts were substantially the same, except that the first count contained more in number. The charge of the first count was importing unlawfully into the United States cases of liquor; the second,...

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