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UNITED STATES v. MULLIGAN

No. 311.

48 F.2d 93 (1931)

UNITED STATES ex rel. GROSSBERG v. MULLIGAN, Acting U. S. Marshal.

Circuit Court of Appeals, Second Circuit.

April 6, 1931.

Attorney(s) appearing for the Case

David P. Siegel, of New York City (Leo H. Klugherz and Milton B. Seasonwein, both of New York City, of counsel), for petitioner-appellant.

George Z. Medalie, U. S. Atty., of New York City (Ellamarye Failor, Asst. U. S. Atty., of New York City, of counsel), for respondent-appellee.

Before L. HAND, CHASE, and MACK, Circuit Judges.

MACK, Circuit Judge.

Relator pleaded guilty to a mail fraud indictment after a jury had acquitted his codefendant and disagreed as to his guilt; thereupon he was ordered placed on probation for two years. By the express terms of the order, he was directed to report once in each month to the probation officer; what he was to report and how he was to act under probation were not specified in the order. The judge, however, gave him verbal instructions as to his conduct...

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