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GEMMA v. UNITED STATES

Nos. 9411, 9412.

61 F.2d 1027 (1932)

Frank GEMMA, Appellant, v. UNITED STATES of America, Appellee. Tony CAVELLO, Appellant, v. UNITED STATES of America, Appellee.

Circuit Court of Appeals, Eighth Circuit.

October 4, 1932.

Attorney(s) appearing for the Case

William N. Jamieson, of Omaha, Neb., for appellants.

Edson Smith, Asst. U. S. Atty., of Omaha, Neb. (Charles E. Sandall, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., Robert Van Pelt, Asst. U. S. Atty., of Lincoln, Neb., and Lawrence I. Shaw, Asst. U. S. Atty., of Omaha, Neb., on the brief), for the United States.

Before KENYON, GARDNER, and SANBORN, Circuit Judges.

PER CURIAM.

These appellants are convicted of violations of the National Prohibition Act (27 USCA). There were two indictments, each containing several counts against these appellants, and the two cases were consolidated for trial. A number of alleged errors are urged in argument, the principal ones being that the verdict was not sustained by sufficient evidence; that the court erred in receiving in cross-examination of appellant Gemma certain testimony. The evidence...

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