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NARDONE v. UNITED STATES

No. 240.

308 U.S. 338 (1939)

NARDONE ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided December 11, 1939.

Attorney(s) appearing for the Case

Mr. David V. Cahill for Frank Carmine Nardone; Mr. Jesse Climenko, with whom Mr. J. Bertram Wegman was on the brief, for Nathan W. Hoffman; and Mr. Louis Halle for Robert Gottfried, — petitioners.

Assistant Attorney General Rogge, with whom Solicitor General Jackson and Messrs. William W. Barron, George F. Kneip, Louis B. Schwartz, and W. Marvin Smith were on the brief, for the United States.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

We are called upon for the second time to review affirmance by the Circuit Court of Appeals for the Second Circuit of petitioners' convictions under an indictment for frauds on the revenue. In Nardone v. United States, 302 U.S. 379, this Court reversed the convictions on the first trial because they were procured by evidence...

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