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GULOTTA v. UNITED STATES

No. 11620.

113 F.2d 683 (1940)

GULOTTA v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 24, 1940.

Attorney(s) appearing for the Case

Joseph Koralchik, of Kansas City, Mo. (Phineas Rosenberg, Daniel L. Brenner, and Rosenberg & Brenner, all of Kansas City, Mo., on the brief), for appellant.

Charles F. Lamkin, Jr., Asst. U. S. Atty., of Kansas City, Mo. (Richard K. Phelps, Acting U. S. Atty., and Otto Schmid and Wm. Orr Sawyers, Asst. U. S. Attys., all of Kansas City, Mo., on the brief), for appellee.

Before WOODROUGH and THOMAS, Circuit Judges, and BELL, District Judge.

THOMAS, Circuit Judge.

On January 26, 1939, two indictments were returned against the appellant in the District Court in each of which he was charged with violation of section 79 of the Criminal Code, Title 18 U.S.C.A. § 141. Upon motion of the defendant the cases were consolidated for trial and by stipulation they were tried to the court without a jury. In one of the cases the defendant was found not guilty, and in the other he was adjudged guilty as charged...

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