CANGELOSI v. UNITED STATES

No. 4850.

19 F.2d 923 (1927)

CANGELOSI v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

June 10, 1927.


Attorney(s) appearing for the Case

L. A. Tucker, of Cleveland, Ohio, for plaintiff in error.

John B. Osmun, of Cleveland, Ohio (A. E. Bernsteen, U. S. Atty., of Cleveland, Ohio, on the brief), for the United States.

Before DENISON and MOORMAN, Circuit Judges, and SIMONS, District Judge.


PER CURIAM.

Cangelosi's meritorious defense was a complete denial of the alleged sale and transportation of intoxicating liquor; and the denial was supported by his own testimony and that of other witnesses that at the critical time he was not at the place charged, but was elsewhere. The court charged the jury that every element of the offense, including respondent's presence at the time and place involved, must be proved beyond a reasonable doubt, but also charged...

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