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MARINO v. UNITED STATES

No. 8343.

91 F.2d 691 (1937)

MARINO et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

July 28, 1937.

Attorney(s) appearing for the Case

Faulkner & O'Connor, of San Francisco, Cal., for appellant John C. Marino.

Isidore B. Dockweiler and Henry I. Dockweiler, both of Los Angeles, Cal., and Albert Nelson, of San Luis Obispo, Cal., for appellant Spooner.

Otto Christensen, of Los Angeles, Cal., for appellant Antonio Gullo.

Fred A. Shaeffer, of Santa Maria, Cal., for appellant Frank Machado.

Peirson M. Hall, U. S. Atty., and Jack L. Powell, Asst. U. S. Atty., both of Los Angeles, Cal.

Before GARRECHT, DENMAN, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

Forty-six defendants were indicted charging a conspiracy (18 U.S.C.A. § 88) to violate certain tariff and revenue laws of the United States. A number of defendants pleaded guilty; twelve of them were tried, of whom six were convicted; and four of the six who were convicted have appealed to this court.

The indictment charged that defendants "on or about the 1st day of August, 1934, and continuously thereafter down to and including...

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