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SCERBA v. UNITED STATES

No. 73.

61 F.2d 1009 (1932)

SCERBA v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

December 5, 1932.

Attorney(s) appearing for the Case

Michael J. Maher, of Buffalo, N. Y., for appellant.

Oliver D. Burden, U. S. Atty., of Syracuse, N. Y. (R. O. Baldwin, Asst. U. S. Atty., of Syracuse, N. Y., of counsel), for the United States.

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

PER CURIAM.

The only points of any consequence are the sufficiency of the proof for submission to the jury, and the admission of certain testimony as to a talk which antedated the conspiracy as laid. The case does not therefore justify an extended exposition. As to the first point, there was evidence enough to connect Horvatt with Scerba if the jury believed it. Gibbons swore that they both ordered the fittings for "Benny's Place" and for the club; two separate enterprises...

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