GOLD v. UNITED STATES

No. 229.

26 F.2d 185 (1928)

GOLD v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

May 7, 1928.


Attorney(s) appearing for the Case

Blau, Perlman & Polakoff, of New York City (Ben Herzberg, of New York City, of counsel), 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.


SWAN, Circuit Judge.

The conviction was upon four out of six counts charged in the indictment, and sentences were imposed to run concurrently. Just prior to the argument before us, the Supreme Court handed down its opinion in Nigro v. United States, 48 S.Ct. 388, 72 L. Ed. ___, decided April 9, 1928, as a result of which the United States attorney has confessed error as to three of said counts, and now stands only upon the third.

This count charges violation...

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