ALBENZE v. UNITED STATES

Nos. 8005-8009.

100 F.2d 1009 (1938)

Peter ALBENZE, Sam Brushome, Adam Martello, John DeCara, Patrick Traficani, Appellants, v. UNITED STATES of America, Appellee.

Circuit Court of Appeals, Sixth Circuit.

December 14, 1938.


Attorney(s) appearing for the Case

Zeno Fritz, of Pittsburgh, Pa., for Albenze and Brushome.

Nolan & Chestosky, of Steubenville, Ohio, for Martello, DeCara, and Traficani.

Francis C. Canny, of Dayton, Ohio, for the United States.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.


PER CURIAM.

It appearing that upon trial below for conspiracy to violate the revenue laws there was no substantial evidence upon which to submit to the jury an issue as to the guilt of the appellants Martello, DeCara, and Traficani, Cemonte v. U. S., 6 Cir., 89 F.2d 362; Nibbelink v. U. S., 6 Cir., 66 F.2d 178, and it further appearing that no brief was...

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