No. 137.

73 F.2d 278 (1934)


Circuit Court of Appeals, Second Circuit.

November 5, 1934.

Attorney(s) appearing for the Case

Sydney Rosenthal, of Long Island City, N. Y., for appellant.

Leo J. Hickey, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith, Asst. U. S. Atty., of New York City, of counsel), for the United States.

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

L. HAND, Circuit Judge.

Berger was indicted with Jones, Katz, Rice and others for conspiring to utter counterfeit bills. A jury might have found the following facts from the evidence: Rice was an engraver, and had made the counterfeit plate from which the bills were printed; apparently he also printed them. He and Katz arranged that they should use them to buy rings which the owners advertised for sale, disposing of the rings for what they could get. In pursuance...

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