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UNITED STATES v. MAZZAFALANA

No. 235.

80 F.2d 826 (1936)

UNITED STATES v. MAZZAFALANA.

Circuit Court of Appeals, Second Circuit.

January 6, 1936.

Attorney(s) appearing for the Case

Sylvester & Harris, of New York City (Charles L. Sylvester, of New York City, of counsel), for appellant.

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

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

PER CURIAM.

The only serious question in this case is as to the sufficiency of the proof; the challenge to the indictment being too trivial for notice. The charge was of possession of distilled spirits in unstamped containers (section 1152a, title 26, U.S.Code, 26 U.S.C.A. § 1152a); and the evidence was that the defendant with his family occupied the first story of a building from which a stairway ran to a cellar below in which the spirits were found in unstamped...

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