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UNITED STATES v. QUINN

No. 114.

124 F.2d 378 (1941)

UNITED STATES v. QUINN.

Circuit Court of Appeals, Second Circuit.

December 22, 1941.

Attorney(s) appearing for the Case

Charles T. Murphy, of White Plains, N. Y., for appellant.

Mathias F. Correa, U. S. Atty., of New York City (Richard J. Burke and Clayton D. Hollinger, Asst. U. S. Attys., both of New York City, of counsel), for appellee.

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

PER CURIAM.

The appellant was indicted with a large number of other defendants upon a charge of conspiracy, 18 U.S.C.A. § 88, to defraud the United States of taxes through the operation of illicit stills. A former trial resulted in a disagreement of the jury as to the guilt of the present appellant. Upon the trial now under review the jury found him guilty, with a recommendation of clemency. He was sentenced to imprisonment for one year and a day, but execution...

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