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AMENDOLA v. UNITED STATES

No. 352.

26 F.2d 1015 (1928)

James AMENDOLA, Plaintiff in Error, v. UNITED STATES, Defendant in Error.

Circuit Court of Appeals, Second Circuit.

May 21, 1928.

Attorney(s) appearing for the Case

Thomas Cradock Hughes, of Brooklyn, N. Y., for plaintiff in error.

William A. De Groot, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

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

PER CURIAM.

This case is a second trial on the indictment before us in Amendola v. U. S. (C. C. A.) 17 F.2d 529. The evidence was the same and the judge carefully left it to the jury to say where the sale took place. They must be understood to have held that Marinelli was Amendola's agent. This was enough.

On confession of error the judgment is reversed on the first, second, and fourth counts. It is affirmed...

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