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UNITED STATES v. RENDA

No. 249.

56 F.2d 601 (1932)

UNITED STATES v. RENDA et al.

Circuit Court of Appeals, Second Circuit.

March 7, 1932.

Attorney(s) appearing for the Case

Samuel M. Fleischman, of Buffalo, N. Y., for appellant Renda.

Leo J. Hagerty and Stephen L. Verdi, both of Buffalo, N. Y. (Frank Floriano, of Buffalo, N. Y., on the brief), for appellant D'Agostino.

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Justin C. Morgan, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), for the United States.

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

PER CURIAM.

The only evidence against D'Agostino was that one of the conspirators, De Franco, was heard to call some one on the telephone and ask if "Dominick D'Agostino" was speaking. Apparently receiving an affirmative answer, De Franco then asked the listener to bring "ten pieces," which concededly referred to morphine, in which the conspirators were dealing. The telephone number called was registered under D'Agostino's name in the telephone book. The evidence...

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