UNITED STATES v. DE VITO

No. 291.

68 F.2d 837 (1934)

UNITED STATES v. DE VITO et al.

Circuit Court of Appeals, Second Circuit.

January 29, 1934.


Attorney(s) appearing for the Case

Blake, Stim & Curran, of New York City (Isidore Beerman, of New York City, and Harold L. Cowin, of Brooklyn, N. Y., of counsel), for appellants.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg and Kenneth E. Vought, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for the United States.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

The appellants, together with James Ferrano, who has not appealed, were convicted on four of five counts in the indictment. Three other men were indicted with them, but there was a severance as to them on motion of the government. The fourth count charging unlawful possession of intoxicating liquor was dismissed by the court.

The first count charged a conspiracy to possess unlawfully an unregistered still; the second charged the unlawful...

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