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BERSIO v. UNITED STATES

Nos. 4824, 4842, No. 4843.

124 F.2d 310 (1941)

BERSIO et al. v. UNITED STATES. PIERACCINI et al. v. SAME. SCHIAFFINO et al. v. SAME.

Circuit Court of Appeals, Fourth Circuit.

December 26, 1941.

Attorney(s) appearing for the Case

Homer L. Loomis, of New York City (Irvin B. Tucker, of Whiteville, N. C., and Isaac C. Wright, of Wilmington, N. C., on the brief in No. 4824; Charles Ruzicka, Hilary W. Gans, and Joseph T. Brennan, 2d, all of Baltimore, Md., on the brief in Nos. 4842 and 4843), for appellants.

Bernard J. Flynn, U. S. Atty., of Baltimore, Md., for appellee in Nos. 4842 and 4843.

Charles F. Rouse, Asst. U. S. Atty., of Kinston, N. C. (J. O. Carr, U. S. Atty., of Wilmington, N. C., and Chauncey H. Leggett, Asst. U. S. Atty, of Tarboro, N. C., on the brief), for appellee in No. 4824.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

These are appeals from convictions and sentences for violating section 1, title III of the Act of June 15, 1917, 40 Stat. 217, 221, 18 U.S.C.A. § 502. The defendants are officers and members of the crew of the Italian vessels Pietro Campanella and Euro, lying in Baltimore harbor, and the Villarperosa, lying in the port of Wilmington, N. C. The evidence against them establishes that, on orders from the Naval Attache of the Italian Embassy...

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