UNITED STATES v. SHAPIRO

No. 378.

113 F.2d 891 (1940)

UNITED STATES v. SHAPIRO et al.

Circuit Court of Appeals, Second Circuit.

July 27, 1940.


Attorney(s) appearing for the Case

Wegman & Climenko, of New York City (J. Bertram Wegman and Jesse Climenko, both of New York City, of counsel), for appellants.

John T. Cahill, U. S. Atty., of New York City (Jerome Doyle and William F. Young, Asst. U. S. Attys., both of New York City, of counsel), for appellee.

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


SWAN, Circuit Judge.

The main question presented by this appeal, and the only one which need be considered in this opinion, is whether the indictments charge a crime. Each indictment charges that the appellants and other persons (including the fugitives) who were named as conspirators but not as defendants, illegally conspired to violate section 246 of Title 18 of the United States Code, 18 U.S.C.A. § 246. This section makes it a criminal offense to "harbor or...

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