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UNITED STATES v. GALLO

No. 69.

123 F.2d 229 (1941)

UNITED STATES v. GALLO.

Circuit Court of Appeals, Second Circuit.

November 10, 1941.

Attorney(s) appearing for the Case

Robert Aronstein, of New York City, for appellant.

Mathias F. Correa, U. S. Atty., of New York City (Peter J. Donoghue and Winston H. Pickett, Asst. U. S. Attys., both of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

The appellant was one of several defendants found guilty by a jury of conspiracy, 18 U.S.C.A. § 88, to defraud the United States of taxes on distilled spirits in connection with the illicit manufacture and disposal of alcohol. His main contention is that the evidence is insufficient to support the verdict. Two co-conspirators, Galdo, who pleaded guilty to the indictment, and Novick, a convicted defendant who took the stand in his own defense...

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