UNITED STATES v. SILVA

No. 239.

109 F.2d 531 (1940)

UNITED STATES v. SILVA et al.

Circuit Court of Appeals, Second Circuit.

February 5, 1940.


Attorney(s) appearing for the Case

George W. Herz, of Ridgewood, N. Y., for appellant.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for appellee.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.


SWAN, Circuit Judge.

The appellant and Lucille Silva were indicted for conspiracy to maintain an unregistered still, with the usual substantive counts for possession of the still, fermented mash and unstamped distilled spirits. See 26 U.S.C.A. §§ 1152a, 1162, 1182, 1184 and 1185. Both were convicted on all counts. Antonio has appealed on the ground that the evidence is insufficient to sustain the verdict against him.

In May 1939 government agents...

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