UNITED STATES v. LO BIONDO

No. 220.

135 F.2d 130 (1943)

UNITED STATES v. LO BIONDO et al.

Circuit Court of Appeals, Second Circuit.

April 22, 1943.


Attorney(s) appearing for the Case

George J. Todaro, of New York City, for appellant.

Mathias F. Correa, U. S. Atty., of New York City (Winston H. Pickett, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.


PER CURIAM.

The appellant contends that the evidence was insufficient to sustain the jury's verdict that he was guilty of "wilfully and knowingly" possessing the unstamped cans of alcohol. At the time of his arrest he was carrying two of the five-gallon cans along the hallway of a building in front of which Lo Biondo, a co-defendant who pleaded guilty, was stowing similar cans in an automobile. Four other cans were on the floor of the hall and four more had already...

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