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UNITED STATES v. FATONE

No. 269.

128 F.2d 260 (1942)

UNITED STATES v. FATONE.

Circuit Court of Appeals, Second Circuit.

May 22, 1942.

Attorney(s) appearing for the Case

Herbert E. Rosenberg, of New York City (Edward Norwalk, of New York City, on the brief), 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, C. E. CLARK, and FRANK, Circuit Judges.

PER CURIAM.

This is an appeal from a sentence imposed upon the appellant after conviction of possessing distilled spirits in unstamped containers contrary to 26 U.S.C.A. Int.Rev. Code, § 2803(a). The case was submitted to a jury under a charge to which there were no exceptions. The appellant's only contention is the insufficiency of the evidence to sustain a conviction. Hyman Waxman testified for the prosecution. He was apprehended when carrying an untaxed 5...

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